Rajah and Another v. Republic of Sri Lanka – sllr 1996 volume 2 page 403

In the case between Rajah and Another (Plaintiffs) and the Republic of Sri Lanka (Defendant), the court examined whether the Trial Judge conformed to the amended Criminal Procedure Code, specifically sections 195(ee) and 195(f), which govern an accused individual’s right to elect trial by jury. It was determined that the failure to follow these statutory procedures—particularly not ascertaining the accused’s preference for a jury trial—constituted a fatal irregularity that invalidated the convictions and sentences for murder and attempted murder. The holding reasserted the necessity for strict compliance with statutory safeguards introduced by Amendment No. 11 of 1988, confirming that substantial procedural lapses require the setting aside of a verdict and the ordering of a retrial. The ap