Bandara,Nimal v. The State – sllr 1996 volume 1 page 214

In Nimal Bandara v. The State, the court addressed whether the failure to comply with the provisions of Section 195(ee) and (f) of the Criminal Procedure Act—specifically the requirement to inquire if the accused elects for a jury trial—constituted a fatal irregularity in the trial process. It was held that such non-compliance amounted to a denial of the accused’s statutory right, precipitating a miscarriage of justice. The conviction and death penalty imposed by the High Court of Kurunegala were set aside, and a retrial was ordered, reaffirming the principle that procedural safeguards regarding jury election are mandatory. This decision relied on the amended provisions of the Criminal Procedure Act and emphasized the necessity for strict adherence to statutory trial requirements to protec