Rathnayake Arachchilage Amila Priyankara vs. The Hon. Attorney General – CA CPA/125/2021-2022

In the case between The Democratic Socialist Republic of Sri Lanka (Attorney General, representing the State) and Rathnayake Arachchilage Amila Priyankara (8th Accused-Petitioner) among others, the court addressed the issue of whether the High Court of Kuliyapitiya’s refusal to recall certain witnesses under section 48 of the Judicature Act was proper, and whether revisionary powers should be exercised to overturn that order. It was held that the decision to recall witnesses remains within the judicial discretion of the High Court and that the materials failed to establish any exceptional circumstances warranting intervention by the appellate court. This principle reaffirmed that judicial discretion regarding the recalling of witnesses under section 48 cannot be fettered and that appellate