Hewa Pedige Sanjeewa Prasanna Kumara & Another vs. The Officer-in-Charge, Police Special Investigation Unit, Kurunegala & Others – CA/PHC/ 0155/2018-2024
In the case between Hewa Pedige Sanjeewa Prasanna Kumara and Embalamulla Durayalage Upali Senevirathna (appellants) and the Officer-in-Charge of the Police Special Investigation Unit, N.P. Nelson, and the Attorney General’s Department (respondents), the issue concerned whether exceptional circumstances were present to disturb the acquittal delivered by the Magistrate of Kurunegala. It was held that the appeal lacked merit as no exceptional circumstances were demonstrated, and the acquittal stood. The principle reaffirmed is that revisionary jurisdiction is an extraordinary remedy which may only be invoked in cases where there is a miscarriage of justice that shocks the conscience of the court. Reliance was placed on relevant procedural provisions and judicial precedents limiting the scope

