11 March 2024 10:44 am
By Farook Thajudeen
A twist from normal judicial practice is observed in two appeal cases that are being heard before the Colombo High Court.
In these two cases, the present High Court Judge is assigned to hear the two appeals against his own judgments given as a Magistrate of the Colombo Magistrate's Court.
The appellant accused in the High Court cases, Malagalage Dona Jayatu Nissanka Sirisena had filed two revision applications under numbers MCHCB 84/22 and MCHCB 88/22 before the Colombo High Court against two judgments given by the then Magistrate W.P.S. Nissanka in two Magistrates' Court cases Nos. 33924/6 and 33925/6 on January 13, 2022, against the accused Sirirsena.
The accused Sirisena, dissatisfied with the judgment of Magistrate Nissanka, filed two revision applications against the Magistrate’s judgment in the Colombo High Court.
Presently, the two revision appeals filed by Sirisena are being heard before Judge W.P.S. Nissanka, who delivered the earlier Magistrate's Court judgments in those two cases.
However, the appellant accused Sirisena and the complainant Fraud Bureau of being inquired by the judge over their willingness to hear the case by the same judge who delivered the earlier order, had consented to hearing the case by Judge W.P.S. Nissanka at the High Court, diverting from the usual judicial practice.