Gamage vs. Attorney General and Others – sllr 2020 volume 1 page 044

In Gamage v. Attorney General and Others, the Court addressed whether the conduct of the trial judge during the questioning of witnesses undermined the accused’s right to a fair and impartial trial, in the context of a criminal matter involving alleged cheating in the registration and licensing of an elephant. It was determined that, although the trial judge exercised judicial discretion extensively under Section 439 of the Code of Criminal Procedure, Sections 164–165 of the Civil Procedure Code, and Section 165 of the Evidence Ordinance during witness examination, such conduct did not establish bias nor result in a miscarriage of justice. The findings established a heavy evidentiary burden is imposed on parties alleging bias, and reaffirmed that judges may take an active role in ascertain