Surasena and Another v. Republic of Sri Lanka – sllr 1994 volume 3 page 400

The case between K. H. Surasena and K. H. Shelton (appellants) and the Republic of Sri Lanka addressed whether the trial judge’s remarks during summing-up, which included censure of the defence counsel and instructions that allowed the jury to draw adverse inferences from the appellants’ silence, resulted in grave prejudice and a miscarriage of justice. It was held that such conduct by the trial judge compromised the fairness of the trial, necessitating the setting aside of the convictions and ordering a fresh trial. This holding reaffirmed the principle that a fair trial requires judicial impartiality and the protection of the right against self-incrimination. Reliance was placed upon principles safeguarding due process and fair trial rights, emphasizing that judicial remarks should not p