Induction Handbook For Junior Lawyers - Compressed

INDUCTION HANDBOOK FOR
JUNIOR LAWYERS
ACKNOWLEDGMENTS
USAID's Efficient and Effective Justice Activity thanks the following persons for their contribution towards
compiling this handbook:
External Consultants: Chamath Fernando, AAL (Professional Ethics and Civil Law Practice), Asela Serasinhe,
AAL (Professional Ethics and Criminal Law Practice), Gehan Gunatilleke, PhD, AAL (Legal Research
Methodology and Practice).
Efficient and Effective Justice Activity Specialists: Saranee Gunathilaka, AAL (Alternative Dispute Resolution),
Rasika Mendis, AAL (Gender Equality and Social Inclusion).
Melanie Pereira, Apsara de Silva, and Gajamugavarnan Ganesalingam of the Efficient and Effective Justice Activity,
for the review and editing of the handbook.
Woft Designs for layout and design of the handbook.
©USAID EEJ 2022
Disclaimer: This handbook is made possible by support of the American People through the United States
Agency for International Development (USAID). The contents of this handbook do not necessarily reflect the
views of USAID or the United States Government.
TABLE OF CONTENTS
1. Introduction 01
2. Professional Ethics 02
3. Civil Law Practice 08
a. Jurisdictions and Case Types 09
b. Court Processes and Practices 14
c. Drafting of Pleadings and Other Documents 22
4. Criminal Law Practice 26
a. Court Processes and Practices 27
b. Jurisdictions and Case Types 29
c. Bail Applications 39
5. Legal Research Methodology and Practice 42
6. Alternative Dispute Resolution 50
7. Inclusive Justice: Aspects of Gender Equality and Social Inclusion 55
8. Annexures 61
INTRODUCTION
The Induction Handbook is compiled by USAID's Efficient and
Effective Justice (EEJ) Activity in collaboration with the Junior Bar
Committee, for the benefit of law practitioners who have recently
embarked on their professional careers. Its contents intend to
facilitate young practitioners navigate those unfamiliar 'next steps'
that are essential to both legal practice and membership in the
legal profession.
USAID's EEJ Activity is designed to equip the justice system in Sri

Lanka to meet the needs of society and uphold the rule of law. The
five-year project implemented by Chemonics International Inc.,
works to transition the Sri Lankan judicial system through the
improvement of quality and efficiency.
To this end, EEJ works with representatives of the judiciary, court

administration, legal profession, and law schools to strengthen the
administration of justice and the qualifications and
professionalism of justice sector actors.
By collaborating with the Junior Bar Committee of the Bar

Association of Sri Lanka, EEJ aims to achieve the common goal of
enriching newly enrolled lawyers with knowledge to overcome
obstacles that have been identified as being particular to junior
lawyers.
This handbook covers subject matter relating to professional ethics

and good court conduct, processing both civil and criminal cases
through the court system, legal research, other forms of dispute
resolution, cultivating an inclusive justice system, and sample
pleadings/documents that are vital to any practitioner.
The objectives of this induction handbook are:
To inspire and To provide key To communicate to

equip newly items of junior practitioners
enrolled information to what is expected
Attorneys-at-Law which junior of them and their
to progress practitioners may roles and
through their not have access, responsibilities as
careers positively, which will help members of the
and with them navigate legal legal profession
confidence practice
01
PROFESSIONAL ETHICS
02
A lawyer is a representative of clients engaged to assert and defend and
protect their rights, liabilities and interests, a trusted adviser and counselor,
an officer of the legal system having special responsibility for the quality of
justice, a member of a profession, and an upright citizen attempting to earn
a satisfactory living1
- A.R.B. Amarasinghe
INTRODUCTION
As members of a "profession," lawyers must take care On February 11, 1988 the Supreme Court of Sri Lanka,
to abide by a code of conduct. in the exercise of its Rule making powers under Article
136(1)(g) of the Constitution, made the Supreme
This code is based on "ethics," or values and principles Court (Conduct of and Etiquette for Attorneys-at-
that define the profession. Law) Rules 1988.They were published in the Gazette
Extraordinary of December 7, 1988. These Rules were
Hence, they are also referred to as "professional based on a draft code prepared by the Bar Association.
standards," or a set of standards regulating the The Rules have the force of written law.2 However the
activities of professionals. Rules are not exhaustive. Codes and prescribed
guidelines provide minimum standards.
1
A.R.B. Amerasinghe, Professional Ethics and Responsibilities of Lawyers (Stamford Lake 2003) 24
2
Ibid 6
03 Induction Handbook for Junior Lawyers
The Difference between a Profession and a Trade or Business
LEGAL PROFESSION TRADE OR BUSINESS
Persons with certain minimum standards of conduct,

and of high intelligence, skill, and learning of the law,
acquired after extensive intellectual training
Depends on trade or business, and the qualifications
vary. Not every trade or business will be regulated by
standards of conduct, and/or involve training
Provides an essential service in society

Not every trade or business
Members of the legal profession hold themselves out
as willing to provide their service to all members of
the public who may need it
Owners of any business or trade could decide
segments in the society for which they should
provide services as they wish
The members of the legal profession work for a living
but belong to a body of professionals governed by
professional standards
A trade or business community need not be guided
by a body of standards to exist
Members of the legal profession voluntarily submit

themselves to standards beyond those required of
the ordinary citizen by law, both in private and
professional life
There is no such requirement in any trade or
business
As professionals, Attorneys-at-Law (AAL) are

governed by the Constitution, statutes, and rules
promulgated under the Constitution
It is not a general factor to recognize any trade or
business under the Constitution and special
legislation or rules
Members of the legal profession are identifiable by
reference to a Register maintained by the Supreme
Court of Sri Lanka
Employees of any trade or business are not
necessarily registered under a specific body and
identifiable by reference to any registration number
Supreme Court Rules:

Therefore, the AAL must render their professional
The following are descriptions of the Supreme Court services to any member of the public without any
Rules and the rules of conduct they outline for discrimination whatsoever, however subject to the
AALs: payment of their professional fees.
Accepting Instructions Further the AAL should avoid conflict of interest, and if
In accepting instructions, the AAL should ensure that in their opinion is unable to attend to such professional
they act in accordance with the Rules 5 to 14 of the duty with due diligence, should refuse to accept such
Supreme Court Rules. professional duties.
After Accepting a Retainer3 Therefore, an AAL should not be compelled to divulge
such information, subject however to the limitations
Once the AAL has accepted a retainer, they are set out in Rule 38. The said duty of confidentiality
required to perform their duties in compliance with the continues even after the death of their client.
Rules 15 to 18(a) of the Supreme Court Rules.
Touting and Advertising
Hence, on accepting any professional matter it is the
duty of the AAL to exercise their skill with due In terms of Rules 39 to 49, an AAL is prohibited from
diligence to the best of their ability and in the best advertising and touting.
interest of their client.
An AAL should not under any circumstances by
4
The AAL should not gain any champertous advantage themselves or through another directly or indirectly
from their professional duties and must act with resort to the practice of touting.
complete frankness and honesty in relation to all
dealings with their client. Touting includes engaging the services of a person for a
commission to solicit clientele or advertising in any
Ceasing to Act as the Attorney-at-Law manner to unfairly attract clientele for the AAL.
The AAL is bound by the Rules 19 to 26 even after All professional name boards, material, and stationery
ceasing to act as an AAL on behalf of their client of the AAL must confirm to the specific criteria set
Therefore, the AAL should not withdraw their services out in these Rules.
without a good reason to do so.
Relationship with the Court
The AAL is required to provide adequate notice to
their client prior to the withdrawal of their professional The AAL as an Officer of Court must act according to
services. the Rules 50 to 55 in relation to the courts.
Fees and Disbursements An AAL owes a duty to court to assist it in the proper
administration of justice without interfering with the
When collecting professional fees, the AAL is expected independence of the Bar.
to act according to the Rules 27 to 30(b).
An AAL shall not or permit their client to mislead or
An AAL may in the best traditions of the profession, deceive the court, in any manner or form whatsoever.
reduce or waive a fee on account of poverty or
hardship to the client or prospective client where Relationship with Other Members of the
otherwise the client would be effectively deprived of Profession
legal advice or representation.
As a member of a profession, an AAL is expected to
An AAL should never use their client's funds held by act with courtesy, respect, and fairness towards
them in trust for their personal benefit, except with other members of the Bar in all professional matters.
client's permission.
An AAL should act in accordance with Rules 56 to 61
Confidentiality when dealing with their fellow members of the
profession.
Since the lawyer-client relationship is considered as a
fiduciary relationship,5 the AAL is required to keep in
strict confidence all information, oral or documentary,
acquired by them from or on behalf of the client.
3
Retainer – when a lawyer agrees to handle a case on behalf of a client, they are 'retained' in that particular case
4
Champertous – to bargain, to aid in, or carry on the case in consideration of a share of the outcome of the suit
5
Fiduciary relationship – a relationship based on trust between the parties

Lawyers Attire
In terms of Rules 19786, the attire of Attorneys-at-Law has been prescribed as follows:
Rule 6 The attire for Attorneys-at-Law other than women Attorneys-at-Law shall be as follows:
Black coat and dark or white trousers and black tie, or white National costume, or black
sherwani with dark or white trousers.
Rule 7 The attire of women Attorneys-at-Law shall be:
White, black, gray, or mauve saree and jacket, or white, black, gray, or mauve frock below
the knee length or black coat and black long trousers up to the ankle with high necked
white long-sleeved shirt with collar tucked inside the trouser and black gown/cloak.
Maternity wear shall be a black high necked long frock below the knee length with white
long-sleeved shirt and black gown or the saree and jacket of the correct colors as
aforementioned with black gown/cloak.
Rule 8 Attorneys-at-Law appearing in the Supreme Court and the Court of Appeal shall also
wear a black gown.
It is always important to keep in mind that appearance As a professional, it is important that one reflects
matters in the practice of law. This does not mean an “professionalism” in one's attire. Especially lawyers
AAL requires expensive suits and expensive cars. who represent clients before Officers of the Labor
Department and similar other forums, it is necessary to
A bad mechanic with the best equipment and tools will dress in a manner that the Inquiring Officer identifies
still be a bad mechanic. Expensive clothes and luxury you as a lawyer.
goods will not make one an excellent lawyer.
If an AAL is uncertain of how to dress and what type of
However, there is a minimum standard of acceptable clothes you should select, it is best to consult a
appearance that is expected of an AAL. colleague, friend, or an expert in the relevant field and
obtain proper advice.
Always ask oneself "How do I look?" before engaging
in professional duties. It is important that the AAL is Ethics and Traditions in Relation to Criminal
dressed in a manner that gives the litigant a sense of Law Practice
confidence in the AAL.
As a criminal lawyer, you may be required to
A lawyer who is not dressed properly may lose their represent the legal interests of the different parties to
opportunity to present their case before a learned a criminal investigation or case, including the
Judge. suspect, accused, witnesses, victim/aggrieved party,
party with an interest in a production (such as a
If a Judge addresses an AAL with the words, vehicle or items of jewelry), which is in court custody
"Mr. Counsel, I cannot hear you," that may be an or in the custody of the police.
indication that you are not properly dressed
(unless you addressed the Court in a very low In all the above instances, the AAL is bound by all the
voice and the learned Judge could not actually hear Supreme Court Rules outlined above.
you!)
6
Gazette of the Democratic Socialist Republic of Sri Lanka (Extraordinary) No. 1/4 dated 07.09.1978

Appearing for a Suspect or an Accused The AAL for the victim/witness may have a role to play
in the investigation stage, trial stage, and even at the
An AAL appearing for a suspect or an accused is duty appellate or revisionary stage of a criminal proceeding.
bound to ensure that the constitutional rights of such
persons are safeguarded. Traditions in the Criminal Practice
At times the AAL may have to appear in 'unpopular' In addition to the above, the AAL must observe certain
cases or defend 'unpopular' clients who are accused of 'traditions' that are particular to criminal practice.
crimes. Remember, as per the Rules, the AAL is These are noteworthy and are outlined below.
engaging in a professional duty to safeguard the
constitutional rights of such person, no matter what In the High Court, the prosecutor (State Counsel) has a
the media or wider society states. designated table and chair facing the translator/
mudaliar and the Judge. The tradition is that only
They are expected to act in the ''best interests'' of the members of the Attorney General's Department and
client with ''due diligence'' to the best of their ability prosecutors from the Commission to Investigate
and care. Likewise, it would be unethical to criticize Allegations of Bribery or Corruption would use this
members of the legal profession who choose to facility.
represent 'unpopular' clients or appear in 'unpopular
cases,' as they are fulfilling their professional duty as an It is also a tradition that if a trial or inquiry is ongoing
AAL, on behalf of their client. before a court, at least one member of the private bar
should remain within the court, such that the last
In these instances, it is also vital to safeguard remaining AAL inside the court-house should not be
confidential information of the client and to refrain the prosecutor.
from revealing sensitive information without the
consent of the client (see Rules 31-38). The Hon. Attorney General is the chief legal officer
of the State . Par ticularly concerning criminal
Representing the Interests of aVictim or Witness investigations and prosecutions, the Attorney General
exercises a pivotal role. All officers of the Attorney
If an AAL is retained to provide legal assistance to a General's Department are representatives of the
victim of a crime or a witness, they must be aware of the Attorney General, and the due respect must be given
legal provisions and principles that are applicable to to them.
such instances.
Offering a seat to senior members of the Legal
Section 260 of the Code of Criminal Procedure Act Profession and a President's Counsel, is a long-standing
Section 41 of the Judicature Act and the provisions of tradition, which needs to be safeguarded. Whenever
The Assistance to and Protection of Victims of Crime the presiding Judge or Judges are delivering an order or
and Witnesses Act No. 4 of 2015, are very important a judgment in open court, all AALs appearing for the
in this regard. case are expected to remain on their feet.

CIVIL LAW PRACTICE
08
JURISDICTIONS AND CASE TYPES
INTRODUCTION
A civil action has to be filed before a court which has An objection to jurisdiction must be taken at the
the power to hear and determine (jurisdiction) the earliest opportunity.2 Jurisdiction could have two
legal rights of the parties. aspects, i.e., the forum before which the case needs to
be filed and the geographical location in which the case
If the case has been instituted before a court which has should be filed (local limits of jurisdiction).
no jurisdiction to hear and determine, the opposing
party is entitled to set up a plea of want of As far as the original civil ligation is concerned, the
jurisdiction. forum would be a District Court or the Commercial
High Court. Appellate jurisdiction in respect of civil
In terms of Section 76 of the Civil Procedure Code, if matters will be exercised by the Civil Appellate High
the defendant intends to dispute the averment1 in the Court or the Supreme Court.
plaint as to the jurisdiction of the court, they must do so
by a separate and distinct plea, expressly traversing Therefore, a fair understanding of the hierarchy of civil
such averments. courts in Sri Lanka is important.
THE STRUCTURE AND HIERARCHY OF CIVIL COURTS IN SRI LANKA
Supreme Court
Court of Appeal
Provincial High Court Civil Appellate High Court Commercial High Court
District Court
1
An 'Averment' is a formal statement made by a party in their pleadings which may contain facts or circumstance sought to be proved or substantiated.
2
Jalaldeen vs. Rajaratnam [1986] 2 Sri LR 201

District Court Presently, the said jurisdiction is exercised only by the
High Court of the Western Province situated in
The first instance trial court that has the power to hear Colombo. Accordingly, all cases where the cause of
and determine civil disputes is the District Court. The action has arisen out of commercial transactions inter
procedure is set out in the Civil Procedure Code. alia including banking, the export or import of
Judicature Act No. 2 of 1978, as amended, established merchandise, services, insurance, mercantile agency,
District Courts and Family Courts as first instance civil debt, damage, or demand which exceeds rupees twenty
courts. million3 [except the actions under Debt Recovery
(Special Provisions) Act No. 2 of 1990], actions under
Whilst Sections 19 to 22 of the Judicature Act deal the Companies Act No. 7 of 2007, and all actions under
with the jurisdiction of a District Court, Sections 24 the Intellectual Property Act No. 36 of 2003 are
and 25 spell out the jurisdiction of a Family Court. required to be filed before the Commercial High Court.
However, the said jurisdiction of a Family Court is also An appeal lies directly to the Supreme Court from the
presently exercised by the District Court. Commercial High Court. At present, only the High
Court of the Western Province has been empowered
Provisions contained in the Evidence Ordinance are to exercise civil jurisdiction and there are four divisions
applicable in respect of recording evidence before a of the Commercial High Court sitting in Colombo.
District/Family Court.
Civil Appellate High Court
In terms of Section 5A of High Court of the Provinces
(Special Provisions) (Amendment) Act No. 54 of 2006, A party who is aggrieved by a judgment or an order
the High Court established by Article 154P of the delivered by a District Court could invoke an appellate
Constitution for a province shall have the appellate and or revisionary jurisdiction of Civil Appellate High
revisionary jurisdiction in respect of judgments, Court established under the provisions of Article 154P
decrees, and orders delivered by any District Court of the Constitution read together with High Court of
or Family Court within such province. the Provinces (Special Provisions) (Amendment) Act
No. 54 of 2006.
Commercial High Court
Supreme Court
High Court of the Provinces (Special Provisions) Act
No. 10 of 1996 vested first instance civil jurisdiction in Once the judgment is delivered by the Civil Appellate
respect of matters listed in the First Schedule of the High Court, a party who is not satisfied with the
said Act on the High Courts established under Article judgment has the option of appealing to the Supreme
154P of the Constitution. Court.
How to determine the jurisdiction of your case

Section 9 of the Civil Procedure Code provides thus:
Subject to the pecuniary or other limitations prescribed by any law, action shall be instituted in the
court within the local limits of whose jurisdiction
the land in respect of

the contract
a party defendant which the action is the cause of
sought to be
resides; or brought lies or is situated action arises; or
enforced was made.
in whole or in part; or
3
Gazette (Extraordinary), High Court of the Provinces (Special Provisions) Act No. 10 of 1996 (No. 2112/33, 2019)

In order to ascertain the local limits of jurisdiction of FUNDAMENTAL RIGHTS AND
each court, it is necessary to refer to Judicature Act WRIT JURISDICTION
No. 2 of 1978 and gazette notifications issued by the
Minister of Justice from time to time to demarcate
judicial zones, divisions, and districts. FUNDAMENTAL RIGHTS JURISDICTION
In addition, it is necessary to consider whether an Fundamental rights and writ applications do not fall
arbitration clause is included in the contract document strictly within civil procedure (or criminal procedure
in terms of Section 5 of the Arbitration Act No. 11 of for that matter) but is a vitally important aspect of Sri
1995. Lanka's adversarial litigation.
If a party to an arbitration agreement institutes legal It gives an aggrieved litigant the space to vindicate or
proceedings in a court against another party to such redress a Constitutionally recognized 'fundamental
agreement in respect of a matter agreed to be right' that is purportedly violated.
submitted for arbitration under such agreement, the
court shall have no jurisdiction to hear and determine In terms of Article 17 read together with Article 126
such matter if the other party objects to the court of the Constitution of the Republic, the sole and
exercising jurisdiction in respect of such matter. exclusive jurisdiction to hear and determine any
question relating to the infringement or imminent
TYPES OF CASES infringement by executive or administrative action of
any fundamental right or language right declared and
Every District Court follows a filing and numbering recognized by Chapter III or Chapter IV is vested with
system in line with the standard practices of case the Supreme Court of the Republic.
management.There are certain common abbreviations
used by courts to identify different types of cases. It is Fundamental rights recognized under the Constitution
always advisable to be familiar with the case of the Republic are set out in Articles 10 to 14.
identification codes in advance if you are appearing in a Restrictions on fundamental rights are allowed in
court in which you have not appeared before. Some of limited circumstances, which are set out in Articles 15
the common codes are as follows: and 16. These circumstances include the preservation
of public security.
MR/DMR Money Recovery
Restrictions, however, must be in proportion to the
DR/DDR Debt Recovery needs of public security and Constitutionally
entrenched limitations on fundamental rights. 4
L/DLM Land
Special The procedure in relation to fundamental rights

SPL/X
applications is found in Article 126 of the Constitution
P/DPA Partition read together with the Supreme Court Rules 1990.5
The process will include the following steps:
D/DDV Divorce
Supporting the application:
MS Money Summary (Summary Once the fundamental rights application is
Procedure on Liquid Claims) filed in, the Supreme Court registry, you will
be seeking a date to 'support' the matter
ARB Arbitration initially.
IP Intellectual Property
Leave to proceed:
CO Company The case will then appear in the 'leave to
proceed' list in the day's Supreme Court case
TAX Tax list. On this day, you are expected to support
the application to proceed, and if the Supreme
HP/DHP Hire Purchase Court decides that you have a prima facie case,
it will grant leave to proceed.
4
Channa Pieris and Others vs Attorney General [1994] I SLR 1
5
Supreme Court Rules 1990, Part IV Rule 44

Objections: HUMAN RIGHTS COMMISSION
The respondents can thereafter file
objections and the petitioner may file Where there is an alleged violation of a fundamental
counter objections. right, it is advisable to lodge a complaint with the
Human Rights Commission of Sri Lanka at the earliest.
Written submissions: This is because, a fundamental rights application is to be
Thereafter, written-submissions may be filed lodged in the Supreme Court within one month from
and finally the matter will be determined such infringement, and if a complaint has been lodged to
following oral arguments. the Human Rights Commission and the inquiry is
pending, you may file the fundamental right application
even after the one-month period.6
Petition and Affidavit It is important that you obtain written instructions and
all the related documents (i.e. any available medical
reports, gazettes, circulars, photographs, voice/video
Support for leave to proceed recordings, complaint to the Human Rights
Commission) from the Client at the initial consultation
and identify all necessary parties in order to name them
as party Respondents.
WRIT APPLICATIONS
If leave to proceed If leave to proceed
granted refused In terms of Article 140 of the Constitution, the Court
of Appeal shall have full power and authority to inspect
and examine the records of any Court of first instance
Notices to the Matter ends or tribunal or other institution and grant, issue
Respondents according to law orders "in the nature of writs” - of
certiorari, prohibition, procedendo, mandamus, and
quo warranto.
Statement of
objections/counter Certiorari and Prohibition
affidavit
within 14 days from Certiorari and prohibition are two separate and
such notice distinct prerogative writs. But the rules applicable to
them are broadly similar so that they can conveniently
be described together.
Counter affidavit by
the Petitioner within As remedies, the difference between them is that
14 days replying to whereas certiorari is available to get rid of a past
the allegations of exercise of power, prohibition always acts as a remedy
fact contained in any for the future by preventing an officer or authority from
Respondent's proceeding to exercise a power which it does not have
affidavit in a given situation.
As regards the availability of the two remedies, the

Written difference is that whereas certiorari is available in two
submissions distinct types of situations, namely, invalid exercise of
power and valid exercise of power containing error of
law on the face of the record, prohibition is available
Hearing only on the ground that there is going to be an invalid
exercise of power.7
6
Human Rights Commission of Sri Lanka Act No. 21 of 1996, 13
Judgment 7
Sunil F.A. Coorey, Principles of Administrative Law in Sri Lanka (3rd edn, Author
2012) 772

Procedendo Quo warranto
Although statute law has provided for orders in the It is to be observed that quo warranto is a remedy
nature of writs of procedendo, there are in our law no available to call upon a person to show by what
reported cases in which procedendo was in fact sought. authority they claim to hold such office. Therefore the
The theory is that the writ is available to compel an basic purpose of the writ is to determine whether the
officer or authority to exercise power in the exercise holder of a public office is legally entitled to that office.
of which they or it has a duty to act judicially. Thus, a If a person is disqualified by law to hold statutory office
court of law wrongly declining to act on the incorrect the writ is available to oust them.10
basis that it has no jurisdiction in respect of a given
action, can be compelled by procedendo to proceed to In terms of Article 141 of the Constitution, the Court
try such action and deliver judgment. of Appeal is empowered to issue orders in the nature of
writ of habeas corpus in order to examine the legality
Thus, procedendo would lie in much the same of any person who has been detained in public or
circumstances as mandamus except that the former is private custody.
available to compel the exercise of power acting
judicially only. However, as procedendo has not been in The Court of Appeal has the power to direct the
use in this country, no special mention will hereafter be Magistrate Court of the area of the alleged detention,
made of procedendo.8 to 'inquire into and report' on the alleged illegal
detention, whereupon the Court of Appeal will decide
Mandamus on whether a writ of habeus corpus can be granted or
issued.
Instances where, although we have called upon some
officer or authority to exercise power vested in them In terms of Article 154 P (4) of the Constitution
or it by law, there has been an express or implied refusal introduced by the 13th Amendment to the
to exercise such power, and such failure to exercise Constitution, Provincial High Courts have limited
powers to exercise writ jurisdiction. A writ
power prejudices us. In such cases the remedy is to
application is to be filed by way of petition and
seek an order in the nature of a writ of mandamus to
affidavit; notice, motion, and proxy will have to be
compel such officer or authority to validly exercise that
filed accordingly. 11
power.9
Petition and Affidavit
Support for notice on the Respondents
If notice issued If notice refused
Notices to the Respondents Matter ends
Statement of objections within four weeks from service of notice
Counter affidavit if any by the Petitioner within four weeks from

the receipt of statement of objections
Written submissions
Hearing
8
Judgment
Ibid 834
9
Ibid 835
10
Dilan Perera vs. Rajitha Senaratne [2000] 2 Sri LR 79
11
The Court of Appeal (Appellate Procedure) Rules 1990

COURT
PROCESSES
AND
PRACTICES
Handling a Client, Consultation, and Building As a person - always address your

Up a Good Client-Lawyer Relationship client with respect referring to "Mr." or
"Ms." in written as well as oral
"The client" is the most important factor in the communications. Be friendly and
administration of justice process. A client expects their courteous. If you are not certain as to
lawyer to safeguard their rights and interests. A client how you should address your client, you
needs to feel comfortable to discuss a personal matter could ask the client.
with the lawyer and the lawyer should be able to
provide the necessary confidence to the client to Personal space - do not try to
disclose all the information in order to formulate a interfere with your client's personal life
successful case or a defence. and adopt a role beyond your
professional boundaries.
Therefore, it is important to build a good client-lawyer
relation as it is vital for both parties. It is important to Needs - always try to accommodate
share a few tips to build a good client-lawyer your client's expectations and
relationship. requirements. If you are unable to agree
with the requests made by your client,
Respect always explain with reasons.
It is important to treat a client with respect irrespective Background and the educational
of the professional fee you are going to charge. It is level - always keep in your mind that
imperative to understand that your clients are on an your client may not understand legal
emotional roller coaster, and you are there to help
principles and terminology as you do.
them, not make them feel worse.
Hence always try to explain matters in
simple terms.
The word "respect" in this context includes many
aspects. As the legal advisor you are expected to
Gender - it is important to
respect their:
understand that difficulties may vary
based on gender, the approach, ideas, or
Privacy - never divulge the personal needs. Therefore, it is essential that you
information (subject to professional consider such matters (see further
ethics). discussion in Chapter 6 - Gender and
Social Inclusion).
Time - always be punctual, Other social aspects - such as

answer/reply telephone calls or religion, nationality, special needs,
messages, and be available when the cultural background, and past
client needs you. experiences need to be considered
when dealing with clients.
Consultation
If you expect the client to accomplish several
Always avoid providing legal advice on the phone tasks before you initiate the next step, it is
without ascertaining the details of the entirety of the advisable to prepare a to-do list for the client
case/dispute. and place a copy of the list in your file.
If the client wishes to discuss the matter in

When prospective clients come to you, they
detail, request the client to meet you for a
are often in emotional and financial distress,
consultation.
and you may feel uncomfortable discussing
your fees with them. It is necessary to get
over that difficulty and mention your fees up
front to your client. Otherwise, your client
You are required to arrange a suitable place to
will face a highly embarrassing situation if you
conduct the consultation.
quote your fees after performing your
professional duties and are not in a position to
meet it.
If you wish to charge a professional fee for the
consultation, it is advisable to inform the
client in advance and collect the fee at the
consultation. If your client instructs you to proceed with
the matter, it is always advisable to obtain
written instructions from the client. You may
request the client to prepare a note including
Always give a good hearing to your client - the details of the dispute in point form and get
listen closely to what they say. If you are their signature.
talking with someone on the phone, do not
respond to your emails at the same time. If the
person is with you in the office, look them in How to Solve a Problem
the eye and watch for body language. Your
client should feel that you want to listen to As a junior lawyer, it is normal to face difficulties while
them. performing professional duties. You need to accept the
fact that there is always something new to learn.When
you engage in a new case, do not rush to conclusions,
and assume that you are well versed with the relevant
Take down appropriate notes during the substantive and procedural law involved.
consultation.
Instead, do your own research and find out the relevant
statutes and rules of civil procedure. Always avoid going
into court with an inaccurate assumption about the
legal position of the case.
Engage in effective listening - summarize
what your client said after listening to them
If you faced a difficulty for which you could not find a
and confirm whether you have understood
solution on your own, it is always best to seek the
correctly. If not, ask the client to explain
advice of a senior lawyer.
once again.
Once you are satisfied that you are sufficiently
competent to explain the issue to a senior lawyer
At the end of the consultation, explain the without taking much of their time, you may approach a
options open to your client along with the senior lawyer and find out whether the senior lawyer is
pros and cons of each option. in a position to help you.

On the Court Day - During the Trial
"Before - During - After" the Case
Be on time - it is important that you reach the
correct courthouse on time. Before entering the
Apart from writing, there is addressing the Court room check the list of cases fixed for that
Court. Speaking needs even more practice: day displayed outside the Court room to make
sure your case is listed.
and even more experience. I was no good at
first. I was too shy; also, too nervous. 12 In the District Court, the general practice is to
Lord Denning read out the last journal entry after calling the case
number in open court by the Court Mudaliar
To any junior lawyer in their early days of appearing in
(Court Clerk/Court Interpreter). Wait until the
court, speaking before a learned Judge could be a
Court Clerk finishes reading and then mark your
dreadful experience. As a law student and junior lawyer
appearance.
you may have gone through courses in trial advocacy,
participated in Moot Court competitions, and even
conducted mock trials.
Marking your Appearance
Yet, representing a client on your own in a court room
If you appear representing a party-
where you are surrounded by much more experienced
Attorneys (some of whom were admitted to the Bar
Jagath Perera, Attorney-at-Law appears on the
the year you were born), could be a thrilling but
instructions of Ms. Nimali Wickramasinghe, Attorney-
terrifying challenge. Therefore, prior preparation is
at-Law for the Plaintiff
extremely important.
[Jagath Perera - Counsel and Nimali Wickramasinghe -
Before the Court Day
Instructing AAL]
Know your facts - read your brief thoroughly. Be
ready to answer any question posed by the Judge.
If you are the junior counsel and a senior counsel
Sometimes Judges may direct you to briefly explain
is leading you in the case -
the case. If you must lead the evidence of a witness
or cross examine a witness, prepare fully with
Mr. Gamini De Silva, Attorney-at-Law appears with Mr.
short notes and a clear strategy.
Jagath Perera, Attorney-at-Law on the instructions of
Ms. Nimali Wickramasinghe, Attorney-at-Law for the
Know your law - make sure you are familiar with
Plaintiff
the statutory provisions, legal principles, and case
law relevant to your case.
[Gamini De Silva - Senior Counsel, Jagath Perera -
Junior Counsel and Nimali Wickramasinghe -
Know your Judge - if possible, make prior inquiries
Instructing AAL]
and find out the practices of the court. Each
Judge/Court has its own practices for the smooth
functioning of its proceedings.
If you are the junior counsel of a President Counsel in
the case -
Arrange your brief with easy reference tags and
have copies of the relevant statutes and case law.
Mr. Saman Ellawala, President's Counsel appears with
Mr. Jagath Perera, Attorney-at-Law on the instructions
Make sure you keep your short notes with your
of Ms. Nimali Wickramasinghe, Attorney-at-Law for
brief in a numbered order for quick and easy
the Plaintiff
reference.
[Saman Ellawala - President's Counsel, Jagath Perera -
Ensure that you take your Lawyers' Diary with you.
Junior Counsel and Nimali Wickramasinghe -
Instructing AAL]
12
Alfred Thompson Denning, The Discipline of Law (Butterworths 1979)

After marking your appearance, you have to make your After the Trial
application.
When you want to suggest the next date of the trail
How to Address the Court (e.g., as January 10, 2023):
Always stand when addressing the Bench and “Your Honor, may I respectfully suggest the
make every endeavor to address the Court 10th of January 2023, if it suits Your Honor's
from the Bar table. You should always avoid Court and my learned friend?"
any sign of disrespect towards the Court
such as having your hands in your pocket or
pointing the finger at the learned Judge. If the opposing party moves for an adjournment or
further time to comply with an order of the Court and,
if you want the next date to be a final date for the next
The Bench is addressed as “Your Honor” in the District step:
Court and Commercial High Court.
“Your Honor, may it be a final date"
A Supreme Court Judge is addressed as "Your Lordship/
My Lord or Your Ladyship/ My Lady."
Once the matter is re-fixed, make sure that you note
It is a part and parcel of good advocacy and down the next date in your diary clearly and accurately.
legal professionalism to act with extreme
respect and courtesy towards the Court and It is always advisable to inform the client about the day's
the other members of the legal profession. proceedings and the next date after the conclusion of
the case.
Ensure that the professional fees are duly collected and

If the Senior Counsel is not well: acknowledged.
“Your Honor, Mr. Saman Ellawala, Advise the Instructing Attorney-at-Law to obtain a
President's Counsel appears for the Plaintiff. certified copy of the proceedings (if available) before
Mr. Ellawala, President's Counsel is the next date.
indisposed. Therefore, I respectfully move
that the matter may be re-fixed for trial Oral and Written Applications Before the Court
(support/argument etc.)"
Oral Applications:
If the Senior Counsel is having a personal difficulty: Due to the large volume of work before courts, the
learned Judges are under intense pressure to hear each
“Your Honor, Mr. Saman Ellawala, and every case within a limited judicial time period.
President's Counsel appears for the Plaintiff.
Mr. Ellawala, President's Counsel is having a It is essential that lawyers understand that in such
personal difficulty to be present before Your situations brevity and precision are highly appreciated
Honor's Court today.Therefore, I respectfully attributes in any practitioner.
move that the matter may be re-fixed for
trial (support/argument etc.)" Therefore, as a junior lawyer it is very useful if you plan
out your application in advance and be ready to address
court without causing unnecessary delay. It is advisable
If you wish to keep the case down: to have your appearance and points written down on a
paper for easy reference.
"Your Honor, Mr. Saman Ellawala,
President's Counsel appears for the Plaintiff. As a Counsel appearing on behalf of a litigant, it is your
May this matter be taken up a little later” duty to assist the court in coming to the appropriate
conclusions.

TRADITIONS OF THE BAR
Let me assume that you would like to Bow when entering or leaving the Courtroom if the
enter for practice at the Bar and are Court is in session. Bow when the Judge enters or
prepared to brave all difficulties. leaves the Bench. Avoid any private discussions at
the Bar table when the Judge enters the Court and
Have you the right qualities? For advocacy, stay silent until the Court is called into session.
obviously, the prime need is the ability to
communicate by speech. Do not leave the Bar table unattended. It is an
old-fashioned courtesy to wait until excused or
Judges confess in private that there are another practitioner joins you at the Bar table once
counsel now practising whom they cannot your matter has concluded. If your matter is the last
understand. If you mumble or burble, give up matter, remain at the Bar table until the Court
all thought of advocacy. adjourns.
Not only must you be able to speak up loud Avoid approaching a witness in the box without
and clear, but you should be able to put a case leave from the Court. Always seek the prior
relevantly, neatly, succinctly, and generally in a permission of the Court if you wish to approach the
way pleasing to the tribunal before which you witness in the box. As the Counsel you may say,
are appearing. Your Honour, may I approach the witness?
The last means that good manners are Always address your opponent as "My learned
important.13 Friend" or "Counsel for the Defendant/Plaintiff
(par ty represented)." Never address an
unrepresented party as “my learned friend.”
Written Applications: Never approach the Bench. If you wish to hand

over a document to the learned Judge, always hand
In terms of Section 91 of the Civil Procedure Code, over the document to the Court Clerk to be given
every application made to the court in the course of an to the learned Judge.
action, incidental thereto, and not a step in the regular
procedure, shall be made by motion by the applicant in Respect senior members of the profession.
person or their counsel or registered attorney, and a While you are occupying a seat inside the Court and
memorandum in writing of such motion shall be at the if a senior member walks in it is a good habit to offer
same time delivered to the court. your seat to them.
13
Glanville Williams Learning the Law (10th edn, Stevens & Sons Limited 1978)

BASIC STEPS IN A CIVIL MATTER
Institution of Action:
proxy + plaint and documents + memorandum nominating legal representative +

stamp duty + summons in form No. 16 in the 1st schedule +
precept in form 17 of the 1st schedule + stamped envelope
Registry will issue a case number
Summons returnable date
If Defendant absent
If Defendant present
and unrepresented
Proxy + Answer of the Defendant According to Fiscal's According to Fiscal's

Report Summons duly Report Summons not
served on served on the
Replication, if any the Defendant Defendant
Written Admissions and Issues Summons Summons

Ex parte against
the Defendant not duly
dispatched dispatched
List of Witnesses and Documents due but
to some could not
reason be served
Pre-Trial due to
some
Summons reason
Trial returnable
Plaintiff to
take steps
Written Submissions
Judgment

PROXY
1
The proxy is the authority granted by a client to an AAL to act on their behalf.
Refer Chapter V of the Civil Procedure Code (CPC)
PLAINT PETITION
2
The plaint or in appropriate actions the petition commences the legal process. A
plaint can be amended (S. 93 of CPC) or withdrawn (S.406 of CPC). There can be
instances where the law requires the Plaintiff to submit an Affidavit to support the
contents of the plaint/petition. Therefore, it is important to consider the relevant
legal provisions prior to the institution of the action.
SUMMONS
3
Once the case is filed before the Court, summons will be issued to the Defendant.
Sections 55 to 71 of the CPC are applicable. There can be instances where law
requires summons to be in a special form (Form 19 in the 1st schedule to the CPC
under summary procedure on liquid claims).
ANSWER
4
On the summons returnable date, the Defendant is required to file the proxy and
the answer. Sections 72 to 78 of the CPC are applicable in this regard.
REPLICATION
5
If the answer of the Defendant contains a claim in reconvention, in terms of S. 79 of
CPC the Plaintiff is entitled to file a replication.
PRE-TRIAL
6
Once all the pleadings are completed, the matter will be fixed for pre-trial. Ss. 79A,
142A to 142I of CPC are applicable. The written issues and admissions of the
respective parties should be filed 14 days prior to the pre-trial date with notice to
opposing party. It is advisable to file the list of witness and documents also along
with the written issues and admissions despite that the list needs to be filed 15 days
prior to the trial date.
TRIAL
7
Once the pre-trial is over, the matter will be fixed for trial. If a party intends to
invoke steps specified in Chapter XVI of the CPC (interrogations,
discovery/inspection/production/impounding documents) necessary applications
must be made prior to the date of the trial. Due to the default of a party, as the case
may be, the matter may get fixed for ex-parte trial or may get dismissed. The
relevant provisions are found under Ss. 84 to 88 of the CPC.
WRITTEN SUBMISSIONS
8
At the conclusion of the trial as a practice of court, the learned Judge may direct the
parties to tender their respective written submissions.
JUDGMENT AND DECREE

9
At the conclusion of the matter, the learned Judge will deliver the judgment
answering the issues of the case with reasons.
EXECUTION OF THE DECREE

10
As the case may be, the party who secured a judgment in their favor may have
to take steps to enforce the judgment. Relevant provisions are founder in
Chapter XXII of the CPC.
APPEAL
11
If any party to a litigation is aggrieved by any order or judgment delivered by a court,
such party is entitled to prefer an appeal. The relevant procedure is found
in Chapter VIII of the CPC.

DRAFTING OF PLEADINGS AND
OTHER LEGAL DOCUMENTS
Mind Mapping for Legal Drafting
INTRODUCTION
Therefore, it is important that you plan your
As a civil law practitioner, you will be required to draft a drafts very carefully and clearly. Mind
variety of legal pleadings and other documents. Drafting mapping is a useful tool you could employ
of pleadings and other legal documents is an art you prior to drafting.
need to develop by practice. It is important to keep in
mind that at times, the entire future life of your client or In your mind, visualize the entire case or the
all their wealth may depend on the legal document you transaction and develop a logical, effective,
draft. Hence, a minor mistake could cause serious and well-organized structure of your draft.
repercussions, even to the extent of your disenroll-
-ment as an Attorney-at-Law.
FOLLOWING TIPS MAY BE USEFUL TO DEVELOP A GOOD DRAFT:
Planning is very important. Before drafting a

legal document consider the following:
- What is the purpose of the legal document?
Obtain all the - Who are you writing the legal document for?
required information - Who is my reader?
relevant to the - What is my reader's relationship to my client?
matter at the initial - Why am I writing this? (Is it to inform, persuade, or
consultation with to accomplish some other end)
the client
Document review is a very Always try to avoid ambiguity. Stay

important skill.You need to away from words such as, “it,” “this,”
review each and every “that,” “such,” and “which,” to refer
document received from the broadly to an idea in a preceding
client. If necessary, request the sentence because it could cause
client to explain the confusion
documents
Plead all the It is always advisable to

Aim for clarity. Avoid long
information to avoid obtain written
sentences crammed with
any allegation of instructions from the
many factual matters and
suppression or client prior to the
add sub-paragraphs when
misrepresentation of commencement of
required. Add sub-headings if
material facts drafting legal documents
required to demonstrate the
basic structure and for the
easy reference of the reader
Consider the relevant legal
provisions and special legal
requirements (prior to Identify the Identify the
institution of legal action such correct cause/s necessary
as demand, notices under of action parties
Section 461 of Civil Procedure
Code, etc.)

Drafting of Pleadings
It is necessary to understand that drafting of legal documents and pleadings, including letter of
demand/notice to quit, etc. are interconnected components in the litigation process.
Once you send the letter of demand or file your pleadings, your client's case will be defined and restricted
by the contents of the letter of demand or the pleadings you have filed. Hence, the entire civil litigation
process will depend on the initial documents you draft and tender.
Therefore, it is necessary to consider the entire process prior to the drafting of such written documents.
Admissions Trial/ Written Judgment/

Pleadings Appeal
and Issues Evidence Submissions
When drafting When drafting When leading When drafting

pleadings, admissions and evidence, be written
consider your issues think about mindful of the submissions, think
admissions and leading evidence written about the
issues in the and burden of submissions judgment and
eventual trial proof appeal, if required
Cause of Action
In terms of Section 6 of the Civil Procedure Code, every application to a court for relief or remedy obtainable
through the exercise of the court's power or authority or otherwise to invite its interference constitutes an
"action." In civil litigation, every action is based on a "cause of action." Therefore, identification of the
correct cause of action is fundamental to any legal drafting.
"Cause of Action" is the "wrong" for the prevention or Law

redress of which an action may be brought, and includes the
denial of a right, the refusal to fulfil an obligation, the neglect
to perform a duty and the infliction of an affirmative injury. 14
A cause of action is generally described as an entire set of Admissions
facts which gives rise to an enforceable claim and as and Issues Evidence
Cause
comprising every fact which traversed, the Plaintiff must
of
prove in order to obtain judgment.
Action
The cause of action must constitute – every fact that the
Plaintiff must prove in order to obtain the judgment, as well Possible
as very fact that the Defendant must deny/cross.15 Defences
Clarity
14
15
Civil Procedure Code [1890] as amended, s.5 Relief
Pless Pol v Lady de Soysa et al 1907], 9 NLR 316

Therefore, in the light of the correct Cause of It is extremely important that
Action, the following matters need to be all the relief are properly
considered in legal drafting: presented in your pleadings. It is
important to be mindful of the
legal position that the party
who had not sought any
Relief substantive relief has no right in
l aw t o s e e k a n i n t e r i m
injunction as an interim
Law injunction cannot be a relief by
itself but is only a mechanism to
assist and protect final relief. 16
Relevant legal provisions and principles that have an

effect on a cause of action such as Prescription
Ordinance, misjoinder of causes of action, principle of
res judicata, provisions contained in special Statutes
(Recovery of Loans by Banks (Special Provisions) Act
No. 4 of 1990, Partition Law No. 21 of 1977, Recovery Evidence
of Damages for the Death of a Person Act No. 2 of
2019, Arbitration Act No. 11 of 1995, etc.
When drafting pleadings, it is Unless the Plaintiff has sought interim relief, it is not
necessary to consider the necessary to plead evidence in the Plaint filed before
possible admissions and issues the District Court or Commercial High Court,
Admissions in the eventual trial. Therefore, except the base document/s. However, in terms of
and Issues pleadings need to be drafted in Section 101 of the Evidence Ordinance, generally
a manner that admissions and the burden of proof lies on the party who asserts the
issues could be framed existence of facts. Further, it is necessary to consider
referring to specific averments whether your client is required to tender an affidavit
in pleadings. along with the plaint/petition, etc.
It is always advisable to assess

the case of your client and
consider possible defences that
can be taken up by the opposing
Clarity Possible party. Such assessment would
Defences avoid any preliminary
objections and other
technical defences/objections
that could delay the litigation
process.
One of the most import qualities in a good draft would
be clarity with regard to the pleadings and case of the
party.Therefore, it is important to ensure clear, precise,
and simple pleadings.
16
Mallika De Silva v Gamini De Silva [1999], 1 SLR 85

Basic Pleadings and Legal Documents Involved Written Submissions
in Civil Law Practice (Templates Annexed)
Further reading:
Plaint
A
Sections 39 to 54 of the Civil Procedure Code Civil Procedure Code, as amended
Answer
B Applicability of the Evidence Ordinance in
Sections 72 to 78 of the Civil Procedure Code Civil Actions by Dr. Abdul Majeed
Replication
C A Commentary on Civil Procedure
Section 79 of the Civil Procedure Code
Code and Civil Law in Sri Lanka by
Dr. Abdul Majeed
Affidavit
D Sections 437 and 151A of the Civil Procedure Civil Procedure in Sri Lanka by
Code Kalinga Indatissa, President's Counsel
Written Admissions and Issues

E
Section 142A of the Civil Procedure Code Learning the Law by Glanville Williams
List of Witness and Documents

F Sections 121 and 175 of the Civil Procedure Professional Ethics and Responsibilities of
Lawyers by Dr. A.R.B. Amerasinghe
Code
Motion Civil Procedure Code, Partition Law,

G Evidence Ordinance and Judicature Act by
Section 91 of the Civil Procedure Code A.W. A. Salam
Case Law on Civil Procedure Code by

Dr. Wijeyadasa Rajapakshe
Principles of Administrative Law in Sri Lanka

by Dr. Sunil F. A. Coorey, 3rd Edition
Administrative Law by H.W.R. Wade &

C.F. Forsyth, 11th Edition

CRIMINAL LAW PRACTICE
26
INTRODUCTION
An Attorney-at-Law engaging in criminal practice, fulfils At a consultation, you must strive to ascertain all the
a vital role in the administration of justice in any facts of the matter and assess as to what criminal
country. offences have been committed by the alleged
perpetrator. Thereafter, the next step would be to
In appearing for a suspect or an accused, an Attorney is proceed to lodge a formal complaint to the relevant
duty bound to ensure certain fundamentals. For authority. Depending on the nature of the
instance, it is essential to ensure that the Constitutional alleged offence, such authority could be:
rights of such person are safeguarded. Article 11 of the
Constitution prohibits torture or cruel, inhumane, or The relevant Police Station
degrading treatment or punishment. Article 13 of the
Constitution provides safeguards against arbitrary Criminal Investigations Department
arrests, detentions, and guarantees a 'fair trial'.1 A
criminal lawyer must always bear in mind the Colombo Fraud Investigations Bureau
'presumption of innocence' which is enshrined in
Article 13(5) of the Constitution. Commission to Investigate Allegations
of Bribery or Corruption
A lawyer practicing criminal law also has the
opportunity of providing legal assistance to victims of National Child Protection Authority 3
crime and witnesses. Importantly, the AAL has a role to
play in every stage of the criminal justice system The procedure at the Criminal Investigations
commencing from the investigation stage, trial stage, Department is that a written complaint of the
and finally the appellate and/or revisionary stage of a complainant must first be submitted to the relevant
criminal case. 2 counter at the Criminal Investigations Department
with supporting evidence/documents, and thereafter
COURT PROCESSES AND the Criminal Investigations Department will inform the
complainant to attend the Criminal Investigations
PRACTICES
Department for statements to be recorded.
Lodging a Police Complaint
Most investigative authorities, require the complainant
You may be consulted by an individual who has been
to attend the investigative authority so that statements
subject to a criminal offence.
can be directly recorded.
1
AG v. Segulebbe Latheef and another (2008) 1 SLLR 225
2
Provisions of The Assistance to and Protection of Victims of Crime and Witnesses Act No: 4 of 2015
3
This list is not exhaustive.
Preparing to Lodge a Police Complaint · Complain to the National Police Commission
· Make a formal representation to the Hon.
It is necessary that you prepare your client to explain to Attorney General and/or lodge a complaint at the
the investigator, the following matters clearly: Human Rights Commission of Sri Lanka
· If all of the above steps do not result in any relief,
you may have to consider filing a fundamental rights
application based on a violation of Article 12 of the
Background to the incident Constitution
Private Plaints
When did the alleged incidents take Whether the victim has lodged a police complaint, or
place? not, if the police do not initiate criminal proceedings,
you are entitled to file a 'private plaint' in the relevant
Magistrate Court against the offender. 4
Where did those incidents take place? Such an application is filed with a plaint and an affidavit,
and you need to satisfy the Magistrate that there is
sufficient material for the Magistrate to issue process.
Generally, a draft charge is also filed as part and parcel
What other witnesses and evidence of the application. The plaint should be signed by the
are available to confirm the version of complainant and counter signed by the Attorney-at-
the client? Law appearing for them.
• Annexure (H) contains a draft complaint and a

corresponding draft charge-sheet for reference
The identification of the alleged
offender and his details As the Attorney-at-Law for the complainant, you are
expected to conduct the prosecution in these cases.
The procedure will be the same as other summary
trials which are generally prosecuted by the police.
It is important that your client obtains the receipt
which is issued by the person who records or receives Legal Assistance to 'Victims of Crime' and
the complaint or notes down the relevant reference Witnesses, in Criminal Trials
number of the complaint, so that the matter can be
followed up later. An Attorney-at-Law has the right to appear and
represent the interests of a victim/aggrieved party or a
When Police Fails to Act witness in a criminal case. 5
Sometimes the police may refuse to record your It is important to be familiar with the provisions of The
client's complaint by stating that “no criminal Assistance to and Protection of Victims of Crime and
offence has been revealed.” Or else, after having Witnesses Act No. 4 of 2015, which has greatly
recorded the complaint, they may not commence and enhanced the role of Attorneys-at-Law appearing for
proceed with an investigation. You may need to the aggrieved party and witnesses. Frequently, you may
consider taking the following steps: be called upon to address the concerns of the victim or
witness in the following matters:
· Complain to the relevant Superintendent of Police,
requesting that appropriate action be taken Any special difficulty in attending court
· Complain to the office of the Inspector General of
Police
Any illness of the victim/witness
4
Code of Criminal Procedure Act No. 15 of 1979, s 136 (1) (a)
5
Code of Criminal Procedure Act No. 15 of 1979, s 260
Judicature Act No. 27 of 1999, s 41
Bandaranaike v Jagathsena and others [1984] 2 SLR 397

If there are any threats or duress on Thereafter, until the conclusion of the investigation, the
the victim/witness investigator (usually the police) would file further
reports and seek various orders from the Magistrate,
to assist the investigation.9
If the victim/witness is abroad, whether
6
they can give evidence on video link Therefore, the matter would be called before the
relevant Magistrate Court periodically under a case
number and an officer from the relevant Police
At the stage of sentencing, the Station, which is conducting the investigation, would
Attorney-at-Law appearing on behalf of the appear on behalf of the investigative authority.
victim may also address Court on the
determination of the sentence7 When a suspect is produced to court for the
first time, upon arrest
JURISDICTION AND CASE TYPES When you appear in court representing a suspect who
has just been arrested, and is now being produced
The investigation stage before the Magistrate for the first time, depending on
the instructions of your client, remember to inform the
A criminal investigation would generally commence Magistrate of the following matters:
following a first information/complaint.8
Whether the suspect denies the allegation against them
If the suspect has a definite defense, such as an 'alibi', you may place
it on record
Whether any statements were recorded from the suspect

under duress
If the suspect alleges that they were subjected to torture, you may
request that the Magistrate produce them for a medical examination to
a Judicial Medical Officer so that a report can be tendered to court
Whether the suspect has any injuries and/or illnesses that need
medical attention
Whether the suspect was kept detained for a longer period of time
than what is permitted by law
6
The Assistance to and Protection of Victims of Crime and Witnesses Act No. 4 of 2015, s 31
7
The Assistance to and Protection of Victims of Crime and Witnesses Act No. 4 of 2015, s 3
8
9

If you surrender a suspect directly to court, you may Proceedings in the Magistrate Court
address the concerns of your client accordingly.
Non-summary inquiries
At this point, depending on the nature of the allegation,
if the Magistrate has the jurisdiction to grant bail, you Concerning certain serious offences such as 'murder
have the opportunity of making submissions to have the 'and 'attempted murder', the Magistrate is required to
suspect released on bail. hold a 'non-summary inquiry'.12 The purpose of this
inquiry is to assess whether there is sufficient evidence
If the Bail Act applies, you will have to address the to 'commit' the accused to the High Court and have the
matters under section 14 of the Bail Act. If any other Attorney General forward an indictment against them.
special law applies, you will have to address those
factors. Once the accused is 'committed' to the High Court by
the Magistrate, the Attorney General has the discretion
When the criminal investigation has been to either indict or discharge the accused depending on
concluded the evidence available. Even if the accused is discharged
by the Magistrate, the Attorney General has the
When the investigation is concluded, the Police discretion to indict such accused. 13
and the Magistrate have the following options:
Summary trials
As stated above, if the offence is triable in the
14
If there is no If the offence is Magistrate Court, a summary trial can be held. It is
evidence against the indictable, the matter the police who will generally conduct the
suspect, the can be referred to the prosecution. In limited instances, the court may
Magistrate can Attorney General to permit an Attorney-at-Law to conduct the
discharge the consider indictment prosecution.15
suspect. in the High Court.
When convicted
Following a summary trial if the accused is convicted,
the Magistrate will not impose the punishment on the
same day when the offence is one that comes within the
If the offence can If the Magistrate is
definition of a 'crime' in terms of the Prevention of
be tried in the unable to decide on
Crimes Ordinance. A fingerprint report will be called
Magistrate Court, what future steps
for, to ascertain whether the accused has any previous
the Magistrate may should be taken
convictions, and the punishments will be imposed
frame charges and concerning the
thereafter.
proceed before the investigation, they may
Magistrate Court refer it to the
Mitigation of sentence
itself.10 If the matter Attorney General for
requires for a non- their advice.
You should be prepared to make a comprehensive
summary inquiry to
submission in mitigation of the sentence. If a suspended
be held, the
sentence is permissible, you need to address court on
Magistrate can
the matters set out in section 303 of the Code of
proceed to do so. 11
Criminal Procedure Act 16 (See section on
mitigation of sentencing in the High Court). The
principles discussed therein would be applicable.
10
Appealing to the High Court
11
12
Code of Criminal Procedure Act No. 15 of 1979, s 145 - 159 read together
with the second schedule of Judicature Act No: 2 of 1978
When an accused is convicted of a crime in
13
Code of Criminal Procedure Act No. 15 of 1979, s 396 and s 399
14
Code of Criminal Procedure Act No. 15 of 1979, s 182 - 192
15
Code of Criminal Procedure Act No. 15 of 1979, s 191 the Magistrate Court, they have a right of appeal
to the High Court within 14 days of the conviction.17
16
Code of Criminal Procedure (Amendment) Act No. 47 of 1999
17
International Convention on Civil and Political Rights Act No: 56 of 2007
section 4(2) and section 320 of the Code of Criminal Procedure Act No: 15
of 1979
Once the punishment is imposed, if your client is • Annexure (J) contains a draft petition of a application
aggrieved by the sentence, you need to file the
petition of appeal which is addressed to the High Court, If a revision application filed in the High Court against
18
in the Magistrate Court Registry, within 14 days. an order of the Magistrate Court is dismissed, you
may file an appeal to the Court of Appeal within 14
Where the appeal is based on a matter of law, the days. If there are 'exceptional circumstances' you may
petition of appeal must bear a certificate by an be able to file a revision application in the Court of
Attorney-at-Law that the matter of law is a fit Appeal in terms of the provisions of the Constitution.
question for adjudication by the Court. For obtaining
bail pending the determination of the appeal, you will Motions in the Magistrate Court
need to make an appropriate application in
the Magistrate Court, after the petition of A motion is filed in order get a case called in open
appeal has been lodged. 19 court on an earlier date than the regular date that has
already been given. Motions can be useful to make an
• Annexure (I) contains a draft Petition of Appeal application for bail or to make a special application
which is urgent to your client.
Revision applications to the High Court Generally, in the Magistrate Court, a motion can be
filed on the same morning.23 It is useful to inquire and
If your client is aggrieved by any 'order' imposed by a find out as to which day it would be possible to have
Magistrate, there is a possibility of filing a revision the case called by way of a motion, because
20
application against such order, in the High Court. Magistrate Courts generally have court dates set
Revisionary jurisdiction is 'discretionary'. Therefore, apart of various police stations.
you will need to demonstrate 'exceptional
circumstances' in order to succeed. Sometimes, where the opposing party also needs to be
heard, you may have to file the motion after giving
The revision application to the High Court will consist adequate notice to the opposing party. In such
of a proxy, motion, petition, and affidavit. A complete instances, you may be required to submit proof along
certified copy of the Magistrate Court case record with the motion to satisfy court that the opposing party
which contains the impugned order, needs to be has been served with such notice.
annexed to the application. 21
• Annexure (K) contains a draft motion
Against an order of acquittal, an appeal to the High
Court can be preferred only with the sanction of the Proceedings in the High Court
Attorney General.22 If the sanction of the Attorney
General is not obtained; the alternative would be to Service of Indictment and Bail
file a revision application in the High Court.
Before you appear on the first day where the
There is no bar to filing a revision application in the indictment is to be served on the accused, it is best to
High Court against a final order/judgment of the obtain information as to the usual bail conditions that
Magistrate Court, if one can explain the failure to the relevant High Court Judge would order in similar
appeal, provided that there is no inordinate delay and cases.
'exceptional circumstances' can be established.
Different High Court Judges have different policies
In a revision application, it would be required to aver concerning the bail conditions that would be ordered.
whether the revisionary jurisdiction of the High Generally, it is advisable to be prepared for the
Court has been previously invoked or not. following bail conditions:
18
19
Section 19 of the Bail Act
20
The Constitution of the Democratic Socialist Republic of Sri Lanka of 1978, Article 154 P (3) (b) of the 13th
Amendment; The Constitution of the Democratic Socialist Republic of Sri Lanka of 1978, Article 138.
21
The Court of Appeal (Appellate Procedure) Rules 1990, Part II
22
23
Different courts may have different policies.

• Cash bail Pre-Trial Conference
• Several sureties who should be prepared with the The purpose of the pre-trial conference is to ensure
Grama Sevaka certificates and their legible national that all parties are prepared to face the trial once it
identity cards to confirm their place of residence commences. Therefore, it is advisable that you obtain
and identity from court custody or from the prosecution, all
information and documents which would be
• Some High Courts may require blood relatives as needed for you to face a 'fair trial.'
sureties in which case documents in proof of the
relationship will have to be ready It is necessary that you are well versed with the
provisions of the Code of Criminal Procedure
• Sometimes, Court may order a foreign travel ban, (Amendment) Act No. of 2022 with regard to your
and may order that the passport of the accused be duties during the 'pre-trial conference.'
handed over to court custody. If there is no
passport, Court may require for an affidavit to be Preparing for a High CourtTrial
submitted to that effect.
Have consultations with the accused and explain the
When the indictment is served on the accused, you may nature of the charge/charges. Note down the version
obtain it to your custody so that you can ascertain of the accused. Discuss the statements of the
whether the indictment contains all the necessary prosecution witnesses and the other documents
information. relied upon by the prosecution (such as
medico-legal reports, government analyst reports,
If there is any information or documents lacking, you audit reports, etc.) and ascertain the position of
will have to raise this at the pre-trial stage.24 the accused concerning these items of evidence.
24
Code of Criminal Procedure (Amendment) Act No. 2 of 2022.

Go through the statement of the accused and the Also, be mindful that for government servants and
statements of co-accused and ascertain the position of certain other individuals, a plea of guilt and the
the accused concerning the contents therein. penalties imposed (such as fines and prison
sentences) may be detrimental to their employment.
Formulating a defense strategy
The decision to plead guilty must be a well-considered
Considering all material available, think of what one. The client must understand the aggravating
defense/ defenses would be most appropriate for your circumstances which the prosecution will submit
client. Your client must fully understand the defense/ against them, and you must be prepared with all
defenses which you have agreed to pursue, and they mitigatory factors on behalf of your client.
must understand the various consequences of such
positions. Ensure that you maintain a consistent You must explain to your client that ultimately,
defense position in the case. Also, at the very outset, whatever submissions in mitigations are made by you
decide on what kind of evidence the defense may on their behalf, the discretion of determining the
furnish during the defense case. appropriate sentence lies with the High Court Judge.
It is important to obtain information about the If you are dissatisfied with the sentence of the High
antecedents of the prosecution witnesses so that they Court (if it is too harsh or if it is contrary to law) you
can be properly cross-examined. may challenge it before the Court of Appeal by way of
an appeal or revision.
If the defense hopes to tender computer evidence, it is
required to comply with the procedures set out in Pleading guilty to an amended indictment which
Evidence (Special Provisions) Act No.14 of 1995. contains less serious charges
The possibility of a 'shortcut’ T h i s s i t u a t i o n m ay a r i s e w h e re yo u m a ke

representations to the Attorney General stating that
Instead of facing a trial it may be possible to conclude if the charges in the indictment are amended to
the case by way of a 'shortcut.' The following options less serious charges, you may consider pleading
may be available: guilty to such amended charges.
Pleading guilty to the indictment as it is, and The Attorney General may then move to amend the
mitigating for a lenient sentence indictment, and you may proceed to plead guilty to
amended charges. 27
Carefully consider the penal provisions of the charges
in the indictment and discuss the possible penalties Pleading guilty to a 'lesser offence,' if the
which the Court may impose, with the accused before prosecutor (Attorney General's Department) is
taking this decision. If the accused has previous willing to accept a plea for a lesser offence
convictions, we may expect the Judge to give a custodial
sentence. 25 Make representations to the prosecutor (State
Counsel) setting out the special exceptions applicable
However, if the punishment prescribed permits a to your client and other mitigatory factors. The
suspended sentence in terms of section 303 of the Attorney General's Department may take some time
Code of Criminal Procedure Act and the accused to consider whether they are willing to accept a 'plea'.
has no previous convictions, there may be a
possibility of a lenient sentence.26 If your client is willing to voluntarily pay compensation
to the aggrieved party, you may indicate that to the
Before your client decides to plead guilty to the charges prosecuting State Counsel. If the Attorney General is
in the indictment as they stand, you must explain the willing to accept a plea, with the permission of the court
possible penalties. you can proceed to plead guilty to the lesser offence.28
25
Always check the fingerprint report of the accused to check whether he/she has any previous convictions, before taking the decision to plead guilty.
26
Code of Criminal Procedure (Amendment) Act No. 49 of 1999, s 303 and the determination of the Supreme Court in SC Ref: 3/2008.
27
.28
It is important that you explain to your client that Section 200(1) Applications
although you submit mitigatory grounds on their behalf
for a lenient sentence, it is ultimately the decision of the When the prosecution has concluded its case, if the
High Court Judge as to what sentence may be imposed. evidence is incapable of leading to a conviction, you may
If the sentence imposed is too harsh or illegal, the make an application that the accused be acquitted
remedy would be to file an appeal or a revision to the without calling for a defense.31 It is advisable only to
Court of Appeal against such sentence. make an application on this basis, where you find that
the evidence is clearly inadequate.
Cross-Examination of Prosecution Witnesses
THE DEFENSE CASE
As stated previously, it is expected that you would have
obtained all documents necessary for the preparation As discussed previously, you ought to have arrived at an
of the case, by the time the prosecution starts leading understanding with the accused as to what kind of
the evidence of its first witness. 29 Therefore, you should defense you would take in the case, even before the
foresee what each prosecution witness will state in prosecution case has commenced. Of course,
their evidence in court. depending on the evidence which materializes during
the case, you may have to re-assess your defense
The strategy that you adopt to cross-examine (or to position.
refrain from cross-examining) a prosecution
witness will depend on your overall defense in the However, it is advisable that your client understands
case. As a rule, it is best not to cross-examine when the defense position that is being taken on their behalf.
the evidence of a witness does not have an adverse This is because, they may have to give evidence
bearing on your case. Remember to suggest the (from the witness box or make a docks statement) at
defense position, to appropriate prosecution the end of the trial. It is also your client who can
witnesses during your cross examination. inform you of any available defense witnesses on their
behalf.
Examples:
The Accused Remaining Silent
In a case where the evidence of a certain
witness does not have an adverse impact The accused has a right to remain
on your defense position, you may refrain s i l e n t . 32 H oweve r, o n e mu s t
from cross-examining such witness. remember the application of the
'Ellenborough dictum'. Thus, if the
prosecution has built up prima facie case against your
client, it is advisable that the accused at least makes a
In a murder case, where your defense is 'dock statement' in their defense. 33
that of a 'sudden fight', it is imperative that
you suggest this position to the relevant
eyewitness (if any) and to the investigating The Accused Giving Evidence
officers who may have come across from the Witness Box
information or evidence to suggest that the
incident took place during a 'sudden fight'. This is a decision that should be
taken after much consideration.The
accused tends to become nervous
It is important to remember that you are not permitted and excited during cross-
to make imputations to a witness without reasonable examination by the prosecution, even though they may
grounds and that you must not pose questions to a claim to be innocent. The Court room atmosphere
witness which are indecent, scandalous and intends to may be intimidating, and even a well-prepared accused
insult or annoy a witness. 30 may falter.
29
During the pre-trial conference stage
30
Sections 149 to 152 of the Evidence Ordinance
31
AG v Baranage [2003] 1 SLLR 340
32
The Queen v Santin Singho [1962] 65 NLR 445
33
AG v Potta Naufer and others (Sarath Ambepitiya Case) [2007] (2) SLLR 144

The first matter to consider before this decision is In all the above situations, you ought to have previously
taken is; what has the accused stated in their informed the client, the nature of the sentence which is
statements to the police? If their police statement applicable according to the relevant statute.
reflects the defense that you are taking in the trial, it
may be possible (if necessary) for the accused to give Thus, the client should have a proper understanding of
evidence from the witness box. the possible sentence which the Court can impose.
However, if not, they will most certainly be cross- However, it is advisable to explain to the client, that the
examined by the prosecution severely on their court has ultimate discretion on determining the
different stances. punishment, notwithstanding what submission are
made on behalf of the accused or against the accused.
The Accused Making a Dock

Statement The following key points must be addressed in
your submissions for mitigation:
If there is a prima facie case against
the accused, and their police
statements are such that it would • If the law does not prescribe a 'minimum mandatory
not be safe to give evidence from the witness box, a sentence' you must highlight this point so that Court
'dock statement' becomes a good option. The dock will consider a non-custodial punishment.34
statement must be consistent with the line of cross-
examination that you maintained throughout the • Address Court on the factors listed in section 303 of
prosecution case. the Code of Criminal Procedure Act to convince the
35
Court to consider a 'suspended sentence'.
Defense Witnesses • If the accused has no previous convictions, mention

that specifically.
Whether the accused decides to
remain silent, makes a dock • If the accused is ready to voluntarily offer
statement or gives evidence from compensation to the aggrieved party, bring that to
the witness box, they can have the the attention of court.
evidence of witnesses led on their behalf. As these
witnesses are open to cross-examination by the • Bring to the attention of Court the humanitarian
prosecution, the decision to lead the evidence of such factors affecting the sentencing decision. The age of
witnesses, must be taken after much consideration. the accused, whether they are married with children
and the sole breadwinner of the family, any particular
Submissions in Mitigation of Sentence illness of the accused and/or their dependents, the
consequences that will follow to the family of the
You will be required to make submissions in the accused if a prison sentence is imposed on them.
mitigation of the sentence in the following instances:
• Even when a custodial prison sentence cannot be
avoided, the factors listed in section 303 of the Code
When your When a 'plea' When your
of Criminal Procedure Act are an importance
client pleads has been client has been
guidance on what matters should be addressed in a
guilty, and accepted convicted
submission for mitigation of a sentence.
the Court and the following a
is to Court is trial, and the
Oral Submission and Written Submissions
decide on to decide Court is to
the on the proceed to
Oral submission and/or written submissions, may be
appropriate appropriate impose the
required at various stages in a case:
punishment punishment punishments
34
Familiarize yourself with the Supreme Court determination in SC Ref: 3/2008 and subsequent judgments concerning minimum mandatory sentences and judicial
discretion to impose suspended sentences even when the law provides for mandatory prison sentences.
35
Code of Criminal Procedure (Amendment) Act No. 47 of 1999
• Taking up a preliminary objection against a charge/indictment36
• Objecting to an application of the opposing party
• Objecting to leading questions or to the leading of inadmissible/prejudicial evidence by the opposing party
• Making an application in terms of section 200(1) of the Code of Criminal Procedure Act, when the
prosecution case is concluded
• Final submissions, after the conclusion of the prosecution case and the defense case
As a general rule, it is best to present oral or written • Annexure (L) contains a draft Motion
submissions in a brief manner. As Judges are often over-
worked and pressed for time, it is best to focus on your Proceedings in the Court of Appeal
main arguments.
Appeals from the High Court to the Court of
Cite the law with the relevant provisions and judicial Appeal
authorities and explain how it applies favorably to your
argument. Whatever grievance of a client you raise, Against a conviction and sentence imposed in the High
remember to back it up with the law. It is advisable that Court, there is a right of appeal to the Court of Appeal
38
you submit to the Judge, copies of judgments that you within 14 days. You are required to file a 'petition of
may rely on, in support of your arguments. appeal' which is addressed to the Court of Appeal, but
which is to be filed in the High Court Registry. It is
Always remember that although you represent one important to list your main grounds of appeal concisely
party to the case, the Judge will have to assess the case in the said petition of appeal.
from different angles.
• Annexure ( M ) contains a draft Petition of Appeal
Therefore, it is best for you to be fair in your submission
and arguments. If not, when the opposing party When the petition of appeal is filed in the High Court
addresses the Court and exposes your misrepre- Registry, it will take some time for the matter to be
-sentations, the Judge will not be inclined to rely on listed before the Court of Appeal. When it is listed, a
your arguments. notice will be sent to the address of the Appellant by
the Court of Appeal Registry, thereafter on the
Motions in the High Court payment of the 'brief fees' the appeal brief may be
obtained.
Motions are generally filed to get the case called in
open court on an earlier date, to make some special In the Court of Appeal, the procedure of determining
application on behalf of your client. Generally, in High criminal appeals is in terms of provisions of the Code of
Courts the motion must be filed in the Registry at least Criminal Procedure Act and the Court of Appeal
two to three days prior to the date on which the case is Rules.39
to be called in open court. 37
The appellant would file written submissions first, next
It is imperative that notice is given to the opposing the Attorney General, and finally the arguments will be
party (generally the State Counsel prosecuting in the conducted. On a prescribed date, the Court of Appeal
relevant High Court), in order for the Judge to allow would deliver the final order.
the motion to be called.
36
Judicature Act No. 27 of 1999, s 39
37
It is to be noted that different courts may have different policies
38
Code of Criminal Procedure Act No. 15 of 1979, s 331. See also International Covenant on Civil and Political. Rights Act, No. 56 of 2007, s 4(2).
39
Code of Criminal Procedure Act No. 15 of 1979, s 331 - 342; The Court of Appeal (Appellate Procedure) Rules 1990.

It may be possible for an 'aggrieved party' to appeal The respondents will usually move to file 'objections'
against an order of acquittal in the High Court, to the after which the petitioner may file 'counter objections.'
Court of Appeal, with the leave of the Court of Appeal,
in terms of section 16 of the Judicature Act, read with If Court so requires, written submissions may also be
section 340 of the Code of Criminal Procedure Act. filed by parties. Finally oral submissions will be heard
on the 'inquiry date', and the matter will be fixed for
Revision Applications against Decisions of the order.
High Court
In a situation where you seek a 'stay order' or 'interim
The procedure in filing a revision application is very relief', it is necessary that you file the revision
different from that of an appeal. 40 The Supreme Court application with notice to the respondents so that by
Rules would be strictly applicable as revisionary the time you 'support' the application for a 'stay order'
jurisdiction is a discretionary remedy.41 'Exceptional or 'interim relief', you are doing so with notice to the
circumstances' will have to be demonstrated. respondents.You will be required to submit proof that
you have sent out notices to the respondents. 43
If your first step is to obtain a certified copy of the
entire proceedings in the High Court. This certified If you are dissatisfied with the order of the Court of
copy must be tendered to the Court of Appeal as part Appeal, you may file a Supreme Court Special Leave to
of the revision application.42 Appeal Application before the Supreme Court, within
the stipulated period of six weeks.44
If there is an urgency and there is insufficient time to
obtain certified copies, you may aver the said Proceedings in the Supreme Court
circumstances in your pleadings and seek the
permission of Court to submit such documents as Filing a Supreme Court Special Leave to Appeal
soon as they are obtained. The revision application (SC SPL LA) Application.
consists of a petition and affidavit. A proxy must also be
tendered. This is the final remedy available in our criminal justice
system.45
• Annexure (N) contains a draft Petition of a Revision
Application Where the accused was tried and convicted by the
High Court, and the appeal to the Court of Appeal has
This revision application is to be filed directly in the failed, along with the Court of Appeal 'appeal brief', you
Court of Appeal Registry. You initially need to 'support' may file a Supreme Court Special Leave to Appeal
this application in open court and ask that 'notice' be Application, consisting of a petition, affidavit, and
issued to the Respondents. proxy.46
If the Court of Appeal is satisfied that there are It is also possible to file a Supreme Court Special Leave
sufficient grounds to issue 'notice' to the respondents, to Appeal Application where the accused was
the Court will proceed to issue 'notice' on the convicted by the Magistrate and the Appeal to the High
respondents and fix the case to be mentioned for Court has been held against the accused.
'notice returnable' on which date the respondents are
required to appear. In this situation, the High Court 'appeal brief' will have
to be filed in the Supreme Court along with petition,
It is important that you properly file the notices in the affidavit, and proxy.47
Court of Appeal Registry, so that the notices could be
served on the respondents without delay. • Annexure (O) contains a draft Petition pertaining to such
an application
40
The Constitution of the Democratic Socialist Republic of Sri Lanka of 1978, Article 138. See also SC Appeal No: 111,113,114/2015 decided on 27-05-2020.
41
The Court of Appeal (Appellate Procedure) Rules 1990
42
The Court of Appeal (Appellate Procedure) Rules 1990, Rule 3(1) (b)
43
The Court of Appeal ( Appellate Procedure) Rules 1990
44
The Constitution of the Democratic Socialist Republic of Sri Lanka of 1978, Article 128.
45
Ibid.
46
Within six weeks of the Court of Appeal Order.
47
Ibid.

You will have to file the application asking for a date to If not, leave will be refused, and the decision against
'support' the application in open Court. It will appear in your client will remain.
the 'granting of leave' list in the Supreme Court list for
the day. On that day, you will have to make oral If the Supreme Court does grant leave on certain
submissions in support of your application. It is questions of law, you will be required to file written
important to note that you will be expected to submissions in compliance with the Supreme Court
convince the Supreme Court that there is a 'substantial rules and the matter will subsequently be decided after
question of law' or a 'matter fit for review' by the arguments. 48
Supreme Court.
CRIMINAL LITIGATION
Special Leave
Direct Appeal
to Appeal
Supreme
Court
From the From the Permanent
Court of Appeal High Court Trial - at - Bar
Trial - at - Bar
Court of Direct Bail Appeals from Revisions from

Appeal Applications the High the High
Courts Courts
Trial - at - Bar Trial - at - Bar Permanent Trial - at - Bar
High Direct Bail Appeals from Revisions from

Applications Indictments Magistrate Magistrate
Court
Courts Courts
AG CIABOC
Magistrate Criminal Non Summary

Summary Trials
Court Investigations Inquiry
48
Supreme Court Rules 1990.

BAIL
APPLICATIONS
Basic Principles The Bail Act does not apply to offences under the Public
Security Ordinance or Prevention of Terrorism Act.49
You may be instructed by your client to obtain 'bail' on Also, if the person was arrested concerning a criminal
behalf of a suspect or accused who is incarcerated. At a offence under a special statute which contains an
consultation, you need to try and ascertain the 'express provision' which applies to bail, it is that special
following information from the client and their family bail provision that would apply and not the Bail Act. 50
members and/or close associates:
Example: The Penal Code does not contain any express
provisions pertaining to Bail. Therefore, it is the Bail Act
When were they arrested/incarcerated? which would apply.
Who arrested them? Which police station or Section 83(1) of the Poisons, Opium, and Dangerous Drugs
Ordinance contains a special bail provision. Therefore, the
authority was involved in the arrest?
Bail Act does not apply to situations under section 83(1) of
the Poisons, Opium, and Dangerous Drugs Ordinance.
To which court have they been produced, or if
they had not yet been produced to Court yet,
Obtaining Bail under the Bail Act
which Court are they due to be produced
before? Whether the offence is 'bailable' or 'non-bailable,' the
criteria for determining whether it is suitable to grant
In which Court did they appear for their case? bail is set out in section 14. Those considerations are as
follows:
Any details about the alleged offence
committed by the person under arrest?
Examine the copies of case record or

Possibility of not Possibility of interfering
whatever documents from the police/courts
appearing for inquiry with witnesses or
pertaining to the case, available
or trial evidence or obstructing
the course of justice
The course of action you will have to take to plead

for bail, will depend on the above information. You
will have to determine at the outset, which court
would have the jurisdiction to grant bail. The first
Possibility of Whether there is a
matter to determine is whether, the Bail Act No. 30
committing further 'public disquiet'
of 1997 would apply for bail or not.
offences while on bail concerning the alleged
offence
49
Bail Act No. 30 of 1997, s 3 (1)
50
Shiyam v OIC, PNB and another [2006] BLR 52

However, when the offence is punishable by death The application must be accompanied by an affidavit of
sentence or life imprisonment, only the High Court can the applicant, and notice of the application must be
grant bail.51 The period of incarceration possible is served on the officer-in-charge of the Police station
one year, but on an application by the Attorney relating to the area of the commission of the alleged
General, this period can be extended to a maximum criminal offence.
of two years in total.52
• Annexure (P) contains a draft Petition relevant to such an
In summary, if the Bail Act does apply, you can plead application
for bail before the Magistrate Court unless the
offence is punishable by death sentence or life Bail Pending Appeal Following a Conviction in
imprisonment, in which event you will have to file a the Magistrate Court
bail application before the High Court.
When the accused is tried and convicted before the
Procedure for Obtaining Bail in the Magistrate Magistrate Court, the first step is to file an appeal
Court within 14 days against such conviction and sentence, as
previously explained.
Example: The allegation of the commission of the offence of
'attempted murder' punishable under section 300 of the Once the appeal is filed, you may make an application
Penal Code. for bail pending appeal, to the Magistrate Court by way
of a motion.55 If this application is rejected, your remedy
When an individual is arrested, the general principle is would be to file a revision application against this order,
that they have to be produced before a Magistrate to the High Court, where you will be required to
within 24 hours. As a lawyer, you have the opportunity establish 'exceptional circumstances'.
to appear on behalf of the person who has been
arrested, and to make submission on their behalf to the
learned Magistrate. Procedure for Obtaining Bail
in the High Court
Thereafter, until the suspect is enlarged on bail, they will
The petition can be prepared in the name of the
be produced in Court 14 days apart, where the
remandee by themselves or by a person who has
Magistrate will extend their remand order.53 You may
a substantial interest in the person who is
plead that the suspect be released on bail on the
incarcerated, and should be supported by an
relevant Court date or by way of a motion, as explained
affidavit of the petitioner. The application should
previously. You must address the factors mentioned
contain the relevant B Report and other reports
in section 14 of the Bail Act.
(preferable to attach the complete certified
copy of the Magistrate Court case record). Any
Anticipatory Bail
other supporting documents may be annexed.
Such an application may be filed where your client has
This application is to be filed in the High Court
reason to believe that they may be arrested on a
registry along with a motion to have the case
maliciously motivated complaint made by an adversary.
called on a suitable date, for 'support'. On the
support date, you are expected to make an oral
The purpose is to obtain a bail order prior to the arrest,
submission summarizing your application. If the
so that if arrested, upon fulfilling the conditions of the
Court is satisfied, 'notice' will be issued on the
anticipatory bail order, they would not be placed in
respondents and the next date will be a 'notice
remand.54
returnable date'. At this stage you may hand over
the notices in the High Court Registry so that
Such an application is only permissible where the
they can be sent out by registered post by the
offence is 'non-bailable' and where the Magistrate
registry. When the Attorney General appears for
Court has the jurisdiction to grant bail.
the respondents, a date will be given to file
objections. After objections are filed, inquiry
51
52
Bail Act No. 30 of 1997, s 13 will be taken up and Court will make an order
Bail Act No. 30 of 1997, s 17; Wickremasinghe v AG and another [2010] 1 SLR 141
53
Code of Criminal Procedure Act No. 15 of 1979, s 115 - 120 concerning the bail application.
54
Bail Act No. 30 of 1997, s 21
55
Example: The general practice is that you may make an oral
When the allegation is the commission of the offence of submission pleading for bail. You can also file written
'murder' under section 296 of the Penal Code which is submissions with supporting documents and case law,
punishable by 'death'. in support of your application. The prosecution and
aggrieved party also may make submissions concerning
• Annexure (Q) contains a draft Petition of a High Court bail and the Magistrate will make an order on the same
bail application under the Bail Act day on another date.
If your client has already been indicted and is in remand, If bail is refused in the Magistrate Court, you have the
while the case is proceeding in the High Court, you may opportunity to plead for bail, if and when there are new
make an oral bail application on the date in which the grounds for the Court to consider. When the
case is taken up in Court, or if there is an urgency, you Magistrate Court has refused your bail application,
may have the case called by way of a motion to make a you may file a Revision Application against the said
bail application in open Court. refusal of bail. The first step is to apply and obtain a
complete certified copy of the entire case record of
the Magistrate Court case. The revision application
Bail Pending Appeal Following can be filed before the relevant Provincial High
a Conviction in the High Court Court. The drafts applicable to revisions to the High
Court against orders of the Magistrate Court
If the accused is convicted in the High would apply with appropriate amendments.59
Court, and an appeal has been filed to
the Court of Appeal on their behalf, you Bail Applications to be Filed Directly in the High
may make a bail pending appeal Court
application to the High Court itself.56 A
person who has been sentenced to Under certain statutes, where the Bail Act does not
death cannot obtain bail pending appeal. apply, you may have to directly file a bail application to
the High Court in terms of the relevant Law.
The drafts applicable to direct bail
applications to the High Court can be Example: Section 83(1) of the Poisons, Opium, and
used with appropriate amendments, in Dangerous Drugs Ordinance as amended by Act No: 41 of
this regard.57 You will have to convince 2022.
the High Cour t that there are
'exceptional circumstances' to release • Annexure (R) contains a draft Petition of a bail
the accused on bail pending appeal. 58 application under section 83(1) of the Poisons, Opium, and
Dangerous Drugs Ordinance as amended by Act No: 41 of
2022.
Bail under Special Statutes Bail Applications to Be Fled Directly in the

Court of Appeal
As discussed above, where the Bail Act does not apply,
you will have to plead for bail in accordance with the Certain statutes provide that bail must be sought in
relevant bail provision of the statute which applies to the Court of Appeal.
that offence.
Example: Section 8 of the The Assistance to and Protection
Pleading for Bail before the Magistrate Court of Victims of Crime andWitnesses Act No: 4 of 2015
Example: Offenses against the Public Property Act Section In such instances, you will be required to file a direct
8(1) contains such a provision. In terms of this section, bail application before the Court of Appeal.
Bail can be sought in the Magistrate Court.
• Annexure (S) contains a draft Petition of a direct Court of
Appeal bail application
56
57
See Annexure (J) and (K)
58
Ramu Thamotharampillai v. AG [2004] 2 SLR 180; AG v. Ediriweera [2006] (BLR) 12
59
See Annexure (C)

LEGAL RESEARCH
METHODOLOGY AND
PRACTICE
42
INTRODUCTION
Legal practitioners engage in legal research in the A practitioner needs to act with due diligence,
context of advancing justice for their clients. Such legal swiftness, and courtesy while maintaining their client's
research differs from the type of research undertaken confidence and avoiding conflict of interests.Therefore,
by a legal academic or student who wishes to write a practitioner who neglects to conduct thorough legal
an essay, article, or thesis. research may run the risk of failing in their duty to the
client and to the Court. Poor research may deprive the
1. The Purpose of Legal Research relevant actors from gaining a better understanding of
the law. Practitioners should thus commit themselves
The aim of legal research as far as a practitioner is to continuously developing their research skills and
concerned boils down to ascertaining the law so it can knowledge of the law.
be applied to a particular legal problem. Therefore, a
practitioner approaches legal research in a practical Types of Research
and methodical manner with a view to deriving an
answer to a particular legal question. In doing so, a Legal research (including academic legal research)
practitioner will also benefit practically. For example, tends to focus on legal doctrine (and occasionally on
correctly identifying relevant legal issues can help legal theory) and does not usually include empirical
ensure proper case management. research of an observational or consultative nature, i.e.,
primary research involving quantitative research or
On occasion, the practitioner will discover that the law qualitative research.1
on a particular legal question does not provide a
clear answer, either because the interpretation of Distinctions between legal research of an academic
the relevant statute or judgment is contested, or nature and non-academic legal research that a
because there is no clear legal answer to the practitioner would undertake ought to be noted.
question. Therefore, legal research can also
contribute towards the development of the law. First, the central purpose of academic legal research is
to contribute towards the development of legal
The Importance of Legal Research knowledge. By contrast, the main purpose of non-
academic legal research undertaken by a legal
The skill to conduct legal research is vital for practitioner is to present an argument on behalf of
practitioners regardless of their area of practice. their client, or to explain a legal position to their client.
Every case, appeal, opinion, and advisory engagement The end of such legal research is argumentative,
would require varying degrees of legal research. For analytical, and explanatory, and does not need to be a
instance, a practitioner's understanding and analysis of 'new' contribution to legal knowledge. Second, the
a case begins with the identification of the facts and methods and methodology of academic legal research
determining the 'issues' (i.e., the precise legal differ from non-academic legal research that is
questions raised by the facts). undertaken by practitioners.
1
However, legal research has evolved significantly in recent times to include 'socio-legal' and 'law in context' approaches that have strong parallels with other disciplines in the
humanities.
Legal research may also be classified according to the Types of Legal Sources
nature of the research.This may range from descriptive
research, analytical research, quantitative research, The most frequent research method used by a
qualitative research, and conceptual research. While a practitioner entails the interpretation and analysis of
practitioner does not engage in all types of legal legal sources. The practitioner must know how to
research, there may be instances where the access and organize such sources. The key legal
practitioner's work may involve more than one type of sources used by practitioners include (1) statutes, (2)
legal research. subsidiary legislation (usually formulated by executive
officials acting under a statute), (3) case law, (4) treaty
Legal Research Methods and Methodology law, (5) treatises (an extensive and exhaustive book
on a specific subject, usually a legal topic. E.g. The Law
Research methods refer to the techniques and tools by of Evidence in Sri Lanka by G.L. Peiris (1974) is an
which one may research a subject or a topic. Research example of a treatise), and (6) legislative preparatory
methodology refers to the overall approach that work such as the Hansard.
specific research techniques and tools fall under. For
example, conducting focus group discussions and case Locating Legal Sources
studies may be the research 'methods' undertaken.The
overall 'methodology' in this regard may be termed as While online databases usually offer access to most
'qualitative' research methodology. research material, on occasion, physical copies may be
required. The following resource centres are useful for
The knowledge of methods and methodology provides the purpose of accessing legal material:
a good training to practitioners, as it helps the
practitioner to develop disciplined thinking in terms of
building an argument. 1. National Archives of Sri Lanka
2. Colombo Law Library
2. Accessing Resources and Organizing
Research 3. Bar Association Law Library
4. Centre for the Study of Human Rights
The process of locating relevant legal sources is a
crucial step in legal research.These include primary and 5. The Nadesan Centre
secondary sources of law.
6. Law and Society Trust
Primary sources: 7. The Marga Institute

These are the most important, and often 'binding'
(i.e., authoritative) sources of law. Primary
sources of law comprise statutes, subsidiary Importance of Organizing Research
legislation, and caselaw. E.g. The Constitution of
the Democratic Socialist Republic of Sri Lanka. A practitioner's research process should be well
organized. Such organization will help with the case or
legal assignment at hand and will also assist in
optimizing the practitioner's knowledge over time by
Secondary sources: gradually building a 'research library' for all future cases.
These are sources that are 'persuasive' (i.e., they
are not authoritative, but have notable weight in Referencing system: a practitioner should keep
ascertaining the law). These sources help obtain track of the sources and develop a method for
background or supporting information about the referencing them easily.
legal topic under consideration. Secondary
sources include treaty law, legal treatises, law Purposive notes: a practitioner could also consider
reviews, legal dictionaries, legal encyclopaedias, a nonlinear style of note taking such as mind-
and preparatory work. E.g. the Hansard (the mapping, which involves color coded graphical
official record of parliamentary debates). representation of research notes.

Storing information/research: a practitioner may Bear in mind that the practitioner is not responsible for
opt to organize and store legal research manually or discovering the facts of the case. The client must
digitally. provide all the facts during consultations. Once the
client provides all the relevant information, the
- Manual mode of organizing legal research involves practitioner should maintain clear correspondence
maintaining copies of all research material, related where the client has confirmed the facts and
analysis, and the final research output. The authorized the practitioner's use of the facts. When
material will be labeled and filed according to a there are areas of doubts in the facts, the practitioner
filing system familiar to the practitioner. should seek clarifications from the client.
- Digital mode of organizing legal research usually Step 3: Clarify instructions

involves a basic cloud storage option, such as
Google Drive, OneDrive, Dropbox, or Clarify the instructions from the client. For example, a
SharePoint, or the use of a document practitioner should clarify whether the client wishes to
management system. pursue legal action or is willing to settle. If the client
wishes to pursue legal action, then ascertain the course
3. Interpretation and Analysis of legal action the client wishes to pursue.
A. Developing a Fact Pattern Depending on the issue, the client may wish to institute
legal action, or if they are the responding party, to
A practitioner will gather the facts and documents contest the other party's claim. In the event that the
relating to the client's issue after the initial consultation. client wishes to institute action, there may be more
Thereafter, setting out a clear, chronological account of than one legal remedy available.
all relevant facts of the case or client inquiry, i.e.,
developing a 'fact pattern,' is useful, as the facts The practitioner should initiate any preliminary legal
generally form the descriptive part of the final legal steps that need to be taken to safeguard the best
output. This output could range from a petition, interests of the client. If the client wishes to settle, then
written submission, or a legal opinion. steps should be taken to ensure that the best possible
settlement is secured for the client.
Step 1: Introductory stage: obtaining basic client
information At this stage of the process, the practitioner should
provide an estimate of the fees that would be charged.
During the initial consultation, the client must be
addressed in a manner that puts them at ease. It is the Stage 4: Examine documents, persons, and scenes, and
stage at which a practitioner introduces themselves hold follow-up consultations
and exchanges a few courteous remarks.
Inspect and thoroughly examine all documents,
Simple questions should be used to confirm important exhibits, and other material made available. If possible,
details and client background information. Depending interview eye-witnesses to the alleged event to obtain
on the nature of the case, client information can include their version of the facts and any other potential
name, address, date of birth, period of time at current witnesses who may have information relevant to the
address, family relationships, educational history, case. If applicable, examine the scene of the alleged
employment history, criminal history, immediate event.
medical needs, and emergency contact information.
The practitioner should exercise discretion on the Stage 5: Finalizing the fact pattern
extent of the client information required, and not
request irrelevant information, which could amount to Once all information with respect to the facts of a case
an intrusion into the client's privacy. have been duly received and recorded, a practitioner
should prepare a written 'fact pattern' or chronology
Step 2: Fact-gathering stage (i.e. the timeline of the event, and the key facts
leading up to the event). This fact pattern will feed
Gather more specific information about the matter the into a legal output such as a plaint or petition.
client wishes to discuss and obtain advice on.

B. Spotting Issues of Law Once the issues of law and fact are identified, the
practitioner should follow a methodical approach to
When the fact pattern is finalized, a practitioner can conduct their analysis. They begin 'by laying out the
identify the 'issue', i.e., the precise legal question(s) issue to be discussed, the legal rule relevant to the issue,
raised by the facts. The issue indicated by the fact the analysis of the pertinent facts based on that rule,
pattern can reveal either an 'issue' or 'question' of law and the overall conclusion'. The section below presents
or an 'issue' or 'question' of fact. The terms issue and a widely used method of organizing legal analysis.
question are often used interchangeably.
The IRAC System
An issue of law is an issue regarding the application or
interpretation of a law or an issue on what the relevant I Issue: What is the legal question that needs to be
law is.2 An issue of law can relate a substantive element analyzed? Why does this issue need to be analyzed? In
of a law. For example, the question of what constitutes the legal output, this first section would give the reader
'public order' under article 15 of the Constitution is a an understanding of what the practitioner intends to
substantive issue of law. discuss and why they must discuss it.
Moreover, an issue of law can be procedural. For R Rule (relevant law): What are the relevant legal
example, the question of whether a respondent is principles derived from statutes and case law tied to the
statutorily entitled to raise the time bar objection (i.e., issue identified? Establish the governing legal rule(s)
where the appellant has delayed in filing the appeal) that the court will employ to resolve that issue.
before a court may be considered an issue of
procedural law. A Application of relevant law to the facts: apply the
rule to the facts, using the statutory provisions and
An issue of fact is an issue concerning the factual cases discussed in the rule section to draw analogies or
elements or the material facts of the dispute. For distinctions. What is the evidence that supports the
instance, whether or not a party accepted a gift is an client's position? Are any of the defences relevant?
issue of fact.
C Conclusion: concisely state the outcome of the
A practitioner may begin 'issue spotting' by asking analysis based on the application of the rule(s) to the
several preliminary questions.These can be a mix of the facts of the case.
following questions:
C. The Authoritative Value of Sources
Who are the parties?
Once the relevant legal issues have been identified, the
If applicable, what is their relationship
to each other? legal practitioner must identify all relevant legal
authorities3 that can help answer the questions arising
What were their actions? from the identified issues.
Who was affected by their actions?
Bear in mind that the discussed legal sources will have
How were they affected? arguments that will strengthen or weaken one's case. It
is the practitioner's task to take a relevant argument
Thereafter, a practitioner can use the following steps and meld it into their case in a manner that is beneficial
for issue identification: to their case.
1. Identify each area of law possibly involved The authoritative value of a source of law depends
2. Identify the elements necessary for a cause of on the type of source. Such value also depends on
action under each law identified whether the specific legal authority is regarded as
3. Apply the elements of the law to the client's binding or persuasive and which court was involved
in its development. The location of a court within a
facts to determine the key facts
hierarchy is especially important in this regard.
4. Identify the relevant legal issue(s)
2
Cornell Law School, Legal Information Institute, Wex at https://www.law.cornell.edu/wex/question_of_law.
3
See section on legal sources.

The more authoritative a source is, the more likely it Stare decisis (doctrine of precedent): Stare decisis
would be recognized and accepted by a court. is a traditional doctrine employed by the courts to
Moreover, special consideration ought to be given to ensure legal certainty. This rule requires respect
the status of the court within the judicial hierarchy, and for precedent as a matter of principle. The rule
the number of judges who decided the case, when does permit exceptions, provided that the
determining the authoritative strength of the burden of argument is on anyone who
judgment. proposes to make an exception.
D. Interpreting Statutes Precedent refers to an adjudged case or decision of a

court of justice, considered as providing an example
The main task of legal research is to interpret legal or authority for an identical or similar case on a
authorities and apply them to the given facts of the similar question of law.4
case. This step is the most important part of legal
research. The legal practitioner is required to read For the doctrine of stare decisis to apply in a
the relevant statutes and subsidiary legislation and legal system, two conditions are necessary:
apply relevant provisions to the identified issues.
The 'literal approach' and the 'purposive approach' to 1. A hierarchy of 2. A system of law
interpretation are the most commonly used courts: a decision is reporting. E.g. the
approaches to statutory interpretation. The literal binding on a bench of New Law Reports,
approach focuses on the ordinary grammatical lesser authority. Thus, Sri Lanka Law
meaning of words in a statute. Under this approach, it is necessary for Reports.
deviation from the ordinary meaning can take place there to be a clearly
only in exceptional and definitive circumstances. graded hierarchy of
authority.
E.g. to avoid absurdity and to resolve ambiguity. The
purposive approach focuses on promoting the general
legislative purpose underlying the provision. It allows F. Comparative Jurisprudence
one to look beyond the ordinary meaning of the words
and delve into the intention of the legislature. In Sri Lanka, Indian, South African, and English cases are
of persuasive authority. However, they are not
E. Interpreting Judgments considered binding authorities. Comparative
jurisprudence allows a legal practitioner to study and
When using caselaw, the practitioner must be able analyze a similar law in a foreign jurisdiction.This would
familiar with key terms and concepts. Here are some involve the comparison of laws, norms, and regulations
salient ones: of other countries. Comparative jurisprudence can
have additional benefits. For example, it may reveal an
Ratio decidendi: the main rationale of the judicial area of the law that requires reform.
decision. It is the principle of law on which the court
reaches its decision. The ratio of a case must be G. Preparing Legal Arguments and Output
deduced from its material facts, the reasons the court
gives for reaching its decision, and the decision itself. The final stage of legal research involves developing the
Only the ratio of a case is binding on inferior courts, legal output.This output will contain the legal argument
by reason of the doctrine of precedent (see stare that the practitioner intends to present on behalf of
decisis). The task of extracting and applying the ratio of a their client. This stage would entail writing a petition or
case will fall on a judge in a subsequent case. written submissions in the context of litigation or
writing a legal opinion in the context of a client inquiry.
Obiter dicta: ancillary judicial pronouncements found
in case law. They are the remarks made by a judge in The legal authorities used in the legal output must be
passing while setting out the judgment. It is not essential appropriately cited so that a reader can understand the
to the decision in the case. It does not create binding basis for a particular argument.
precedent, as it does not form any part of the ratio.
4
Black's Law Dictionary (8th Edition, 2004).

Legal practitioners must develop skills in clear, concise, This section offers four tips for legal writing.
and simple writing, which is accessible to a diverse set
of readers. 'Legalese,' where the language used is highly
technical and inaccessible, should be avoided. The
clearer the writing, the more compelling the argument. 1. Use plain English. There is an increasing
trend towards the use of plain English in
Writing a Petition or Written Submission legal drafting. Complicated and obscure terms
should generally be avoided.
In Sri Lanka, the Rules of the Supreme Court drafted by
the Chief Justice and three judges from time to time
contain specific information, instructions, and
templates pertaining to the practice and procedure of 2. U s e a n a p p ro p r i a t e s t y l e . T h e
the Court. These rules contain guidelines on the practitioner forms their own personal writing
following: style with the vocabulary used, the way they
arrange words, and the length of their sentences.
1 2 3 Style varies according to the purpose of writing,
even for the same subject matter.
Structure The The
and content template in documents For instance, a practitioner may find that the
of a petition which it that style used for a law essay is different to the style
or written has to be should be used in petitions, written submissions, and legal
submission drafted annexed opinions.
Typically, a practitioner should use a simple style

The Supreme Court Rules specify that a petition is filed of writing where the sentences are direct and
with an affidavit in support of the averments, and should clear. Avoid unnecessary adjectives and
also contain the originals of the documents crucial to hyperbole.
the application (or duly certified copies) in the form of
exhibits.
Writing a Legal Opinion 3. Pay a t t e n t i o n t o t h e s e n t e n c e

structure. Write short sentences. Stick to one
A legal opinion is a letter expressing legal conclusions idea per sentence and when including more than
about a matter that a client brings to a practitioner. one idea in a sentence, prioritize your points in
The recipient of a legal opinion is often a layperson. the order of their importance.
The purposes of a legal opinion are usually to: inform

the client of the legal effect of a transaction assess the
lawfulness of an action; or identify legal risks that the 4. Clearly explain the legislation, caselaw,
client should consider further and evaluate. and other materials relied on. To provide
logical analysis of the legal issues related to a
4. Practical Guidance problem, question or an opinion, a practitioner
needs to understand and refer to legislation,
caselaw, and other materials that the
Guidance on Legal Writing practitioner relies on.
Regardless of whether a practitioner is working on a For example, a practitioner should be able to

petition, written submissions, or a legal opinion, most distil the key legal principles and findings
legal writing involves the analysis of a set of facts using contained within a judgment (i.e., the ratio
legal rules taken from several sources, including decidendi).
statutes, caselaw, and secondary sources.

Practical Tips for a Legal Practitioner If a practitioner provides 'special treatment' to a client,
such as meeting at odd hours, providing a home
a. Client Management telephone number, permitting unscheduled 'drop-in'
appointments, agreeing to unusual requests, or finding
When a practitioner undertakes a case, they should themselves 'drawn in' and personally involved in their
consider the following measures in managing their client's issues, then the practitioner may be at risk of
client. violating professional boundaries.
To avoid such situations, the following strategies for

setting boundaries at the outset may be considered.
Structure: Clear and predictable communication.

Advise the client on maintaining Clarify relationship roles and responsibilities at the
records beginning.
Consistency: Make predictability a priority in how

meetings are scheduled and conducted, client
communication takes place, billing is handled, and tasks
are assigned.
Advise the client on what they can
and cannot do Manage Expectations: It may be necessary to
anticipate and repeat for the client what legal
proceedings will be like, the cost of the work, what
tasks and level of involvement will be required, and
what the practitioner's role will be during a legal
matter.
Schedule recurring consultations
during the length of the case Set Limits: Areas such as the practitioner's
personal availability, their role as the legal expert, and
the extent of their involvement may need to be clearly
outlined.
c. Alternative Dispute Resolution Mechanisms

Always keep the client informed of the
progress of the case and what the
Prior to opting for litigation, a practitioner should
future steps are
evaluate the suitability and the potential of resolving
the dispute at hand using alternative dispute resolution
mechanisms.
In certain cases, the facts of a case will preclude the

institution of an action. Based on the facts of the case,
the practitioner has a duty to inform the client of the
b. Maintaining Professional Boundaries available modes of dispute resolution.
A practitioner must bear in mind the professional These mechanisms range from negotiation (informal or
boundaries that define the appropriate interaction formal), conciliation, mediation, and arbitration.
between an Attorney-at-Law and a client.
If the relevant contract has an arbitration clause, a
A legal practitioner must always ensure that they practitioner must inform the client that the matter can
remain within their area of expertise. only be resolved through arbitration.

ALTERNATIVE DISPUTE
RESOLUTION
50
INTRODUCTION
Systemic delays and inefficiencies in the process of As such, lawyers have a duty to guide/advise their
dispute resolution through 'litigation' inevitably result clients to select the most appropriate method of
in the deprivation of timely and effective justice for dispute resolution, to craft innovative solutions, and to
disputants. secure effective justice for the specific dispute in
question. As lawyers, it is part of our responsibility
Therefore, it is important to note that litigation is not to properly assess the dispute and identify the most
the only method of dispute resolution. appropriate dispute resolution method, if we are to
ensure efficiency as well as effectiveness of dispute
When each and every dispute is taken to litigation resolution and if we genuinely want to help the
without proper assessment of the dispute and an disputant/client to save relationships, cost, and time.
informed understanding of the most appropriate
methods of resolution, negative implications ensue for Let us first understand the different ways in
the disputants as well as the system of justice, due to which disputes can be resolved. These range
wasteful and inappropriate allocation of time, from informal to formal mechanisms of dispute
resources, and cost. resolution.
Dispute Resolution Spectrum
ADR SPECTRUM
The full spectrum of Alternative Dispute Resolution processes go from informal/consensual processes where
the parties retain control and decide the outcome - to formal/adjudicative processes where the parties cede
control and the neutral decides the outcome.
EARLY NEUTRAL
EVALUATION/
NEGOTIATION FACILITATION MEDIATION CONCILIATION ARBITRATION LITIGATION
CONTRACTUAL
ADJUDICATION
INFORMAL/CONSENSUAL FORMAL/ADJUDICATIVE
Parties retain control over the process Parties cede control over the process
Parties decide the outcome Neutral decides the outcome

Different Types of Dispute Resolution Methods: A Comparison
Party Autonomy
over the Dispute
Resolution
Process and the
Final Outcome
Negotiation Mediation Conciliation Adjudication Arbitration Litigation
Formality
Cost and Time

Effectiveness
Involvement of
Attorneys-at-Law
Negotiation* Mediation* Conciliation* Adjudication** Arbitration Litigation
*If the parties so desire and if there is no statutory prohibition.

**Preparation of the submission to Adjudicator.
Enforceability of
the Outcome
Negotiation* Mediation* Conciliation* Adjudication* Arbitration Litigation
*Directly enforceable if statutes provide for direct enforcement, otherwise enforceable as

contracts or under an existing agreement.

Let us now look at the legal background for
these different dispute resolution methods in Commercial Mediation
Sri Lanka.
Key legislation providing for different dispute » Commercial Mediation: Commercial Mediation
resolution methods (Mediation, Conciliation, and Centre of Sri Lanka Act No. 44 of 2000 (Not
Arbitration) Functioning)
» Companies Act No. 07 of 2007 (Disputes
Board - Not Functioning)
Arbitration » No financial limit
» Not free
» 100 percent party autonomy in selecting the
» Arbitration Act No. 11 of 1995 (note that mediators
section 14 of the Act provides for other » Ad-hoc or institutional
methods of settlement such as mediation and
conciliation)
Other Legislations Providing for
Arbitration, Mediation, and Conciliation
Community Mediation
» Industrial Disputes Act No. 43 of 1950

» Mediation Boards Act No. 72 of 1988, (Conciliation and Arbitration)
» Mediation (Special Categories of Disputes) Act » Human Rights Commission Act No.21 of 1996
No. 21 of 2003 (Disputes below Rs. 1,000,000/-) (Conciliation and Mediation)
» Free » Debt Conciliation Ordinance (Conciliation)
» Selection of mediators is limited » Trust Ordinance (Arbitration)

Finally, let us decide on the most appropriate dispute resolution method.
When a client brings a dispute to you and seeks your legal advice on how to resolve the dispute, you can follow
the steps below:
Ask questions from the client to understand their expectations/goals/interests
Check the contract, if any, and read the dispute resolution clause carefully
Think of the available dispute resolution methods; i.e., negotiation, mediation,

adjudication, arbitration, and litigation
Analyze the pros and cons of selecting one method over the other
Consider which process of dispute resolution will best suit

the effective resolution of the dispute
Analyze which process will best overcome barriers to resolution, specific to the dispute
Discuss the ability of your client to afford each type of dispute resolution method
Select the dispute resolution method which is most appropriate to resolve

your client's dispute
The most important thing in this process is actively This is provided for in Section 408 of the Civil
listening to your client and asking relevant questions. Procedure Code and Section 14 of the Arbitration
This will help you diagnose the dispute and the most Act No. 11 of 1995, respectively.4
effective method of resolution for that particular
dispute. Therefore, if you as lawyers assess that there is scope
for settlement of a dispute pending before a court or an
Please remember that every dispute is different and as arbitral tribunal, it is very much within your
such, every dispute needs to be resolved through the professional role to encourage and guide parties
method that matches that particular dispute. As lawyers through an effective settlement process.
we should not take our clients to court on every
dispute but only for disputes which require the Amicable settlement through negotiation, mediation,
intervention of the judicial mind. or conciliation will achieve effective and efficient
solutions, preserve the productivity and cohesiveness
Also be mindful of the hybrid dispute resolution of the relationship, and reduce costs for the disputants
processes. Even when a matter is pending in court, or and the State.
even in Arbitration, parties have the right to attempt
to resolve the dispute amicably out of court.
4
Court of Appeal ( Mediation in Appeals) Rule 1990 provides for the mediation of appeals in Court of Appeal, by the Court of Appeal Justices. However, this rule is
yet to come in to force. Nevertheless in practice, almost in every court, judges allow out of court settlements to be filed in Court, in resolution of matters that
are pending before Court, including in the Court of Appeal and the Supreme Court.

INCLUSIVE JUSTICE:
ASPECTS OF GENDER
EQUALITY AND SOCIAL
INCLUSION
55
INTRODUCTION
It is important, at the very beginning of one's Central to the concept of inclusion is to

professional life to be focused on the larger role and recognize categories of persons who are easily
purpose of a law practitioner. The legal profession, subjected to exclusion. Very often, it is not easy to
whether in active practice or in academia, is identify factors that contribute to exclusion, and
organized and regulated primarily to serve the this requires deliberate thought and discussion
needs of justice and the rule of law. This is true among law practitioners and justice sector actors.
across all specializations, from the notary engaged
in land transactions to the lawyer engaged in Social Inclusion and Social Groups
fundamental rights litigation.
In understanding how certain persons and groups are
Chapter 1 of this handbook (Professional Ethics) subject to exclusion, it is important to take note
outlines the scope of conduct that is expected of a of some key concepts and themes and their
law practitioner. A practitioner is bound by a duty to relevance to a discussion on social inclusion:
represent any member of the public, unless there is a
conflict of interest, or the practitioner is aware that Social Group
they are unable to do so with utmost diligence.
Individuals who can relate to each other
Also, a practitioner is duty-bound in the manner based on a common identity, and thereby
of interaction with other members of the profession represent themselves as a distinct group.
– to be respectful, polite, and fair. These are vital The common identity may be one molded by the
standards for a meaningful justice system and common experiences and outlook of the individuals
professional integrity. It is fair to say, considering the who identify as a group. Examples of social groups
above, that the legal profession and the justice include those who identify with each other based on
system must essentially be inclusive and respectful of disability, race, language, gender, age, and religion.
those within it, as well as those it serves. It is important to note that even within a social
group, there may be sub-groups or individuals
This chapter aims to guide the practitioner to whose experiences and identities differ from the larger
recognize certain detrimental factors that lead to the generic group. For instance, 'women' in certain
exclusion of certain persons, and thereby contexts may arguably constitute a distinct social group
potentially impact the effective attainment of justice. in view of their mutual disadvantage and vulnerability.
It will focus on why the justice system needs to be
inclusive of persons who fall within its purview. Social Inclusion
These persons include -
Inclusion happens when individuals with a
common identity (a social group) can
Those who practice within the system operate within society, a profession, or
within the justice system, on terms and conditions that
Those who access the system are appropriate or necessary for them.

Inclusion is often a 'process' by which persons The concept of equity (in contrast to equality) is
disadvantaged by their identity are integrated into the captured in the diagram below.1 The diagram
larger community or profession. This may require also illustrates that addressing disadvantages alone
several initiatives, including those that aim to make cannot ensure the inclusion of individuals and groups
available opportunities that have been thus far denied; who are different from each other. It is necessary
or to improve the capacity of different groups such that to address systemic barriers (or barriers within the
they have the competence and confidence to function system) that refuse to be inclusive of different
with dignity. persons within a profession or community.
For example, when courthouse infrastructure is

assessed and restructured for its accessibility by
persons with physical disability and its useability by
persons with other types of disability.
Where there is inclusion, there is diversity; this is when

persons of different experiences, orientation, and
identity are given the space to function within a
common system or community without disadvantage
and with equal recognition. We can say that to be
diverse is the opposite of being segregated, and persons
can be different without the need to function in
separate contexts.
Equity
Equity is a concept which is associated

closely with a discussion on 'equality' or
'equality among different social groups.' It
is often the case that the equal treatment
of persons, or the granting of equal opportunities, is
insufficient to ensure true equality. It is also necessary
to assess if individuals and groups can make good use of
those opportunities in the same manner as others. The legal profession is well equipped and suitably
For instance, if different groups have equal placed to recognize issues of in equity and inequality
access to available resources and opportunities and among individuals and groups. The legal profession is
their effective use. closely associated with society, in translating laws for
the regulation of society and human relations (among
For example, a certain impoverished locality may have other things).
a court system and legal services, but vulnerable
minority groups living in such locality may not have It has the knowledge and training to advocate against
adequate information or the resources to have their disadvantage and marginalization, and the attainment of
grievances redressed. Or those with disability may true inclusion and justice for all. This is true
not be able to access information (in the form of with respect to society at large, as well as within the
braille documentation or large print information bounds of the justice system.
sheets for example) and use court infrastructure in
the same way as those without disability, thereby The law practitioner must ideally, be sensitive to issues
limiting their chances of accessing justice. that hinder inclusion and diversity within the legal
profession, and to barriers and obstacles that deter
Therefore, the concept of 'equity' requires active individuals and groups from quality legal services and
measures and program that address and remove accessible justice. The advantages of promoting
certain disadvantages and barriers that individuals and inclusion and diversity within the profession and justice
groups are subject to, which keep them from system are numerous; the following are some of
accessing opportunities and resources that may be these advantages.
available to them.
1Diagram designed/updated by the Centre for Story Based Strategy - https://www.storybasedstrategy.org/the4thbox

A reflection of the diversity it serves: A reflection of democratic leadership:
The legal profession/justice system must reflect the Society and social institutions generally looks to the
diversity of the population it serves. leaders of the legal profession and justice system in
directing its course.
The lack of diversity within the profession and judiciary
for instance may influence the level of public confidence Where the leadership in the justice system is diverse, it
in the administration of justice, especially among will surely influence the diversity among government
vulnerable communities and groups who are often and business leadership.
under represented and subject to exclusion.
Gender Equality
A range of quality professionals:
An important topic relating to social inclusion is
A commitment to diversity and inclusion will ensure 'gender' or 'gender equality'. Gender may be
the profession and justice system includes skilled considered a separate social group that merits
persons from all groups and communities.This will also separate discussion given that we, all of us, relate to
ensure a better representation of the different some form of gender identity.
'interests' and 'rights' that must essentially be
vindicated by the justice system (especially in cases of The concept of 'gender' is not easy to understand and
public law/ public interest law). has evolved over time to be more inclusive of persons
who, at times fall outside traditional definitions of
Innovation and perspective: gender.
As in other sectors, diversity in the justice system While this section will attempt to highlight why it is
can promote diverse perspectives and innovation necessary for law practitioners and judicial actors to
in implementing effective justice that is inclusive understand this concept, it is by no means an exhaustive
and relevant to all segments of society. discussion of gender (see further reading listed below).

A spectrum of definitions Not about sexual orientation:
A more informal use of the term gender is to refer Gender identity is often confused with
to the 'biological sex' of a person, or the sexual orientation. The latter is about who one is
biological, reproductive characteristics that a person is physically and emotionally attracted to in
born with. A person's gender reference in this relation to one's own gender/sexuality.
approach is necessarily either male or female, but
'gender' is something different to one's biological sex. For example, a man may be attracted to another
man and hence his sexual orientation may
The term is used to refer not just to the 'sex' of a be referred to as 'gay', but his gender identity as a
person, but to social and cultural expectations of 'male' is not impacted.
'who' or 'what' a person should be. Hence, it is not
merely a matter of the biological sex of the person, but Not about women's empowerment:
about the roles and behaviors that is ascribed to
them by society (see for further discussion under Gender is often confused with women's
'stereotype'). empowerment movements. While a more
progressive approach to gender may complement
An evolving approach is that gender cannot be women's empowerment initiatives, gender
something 'binary' and must be inclusive of persons should not be confused as one and the same thing.
who do not necessarily view themselves as a man or
a woman or reflect characteristics or personality Not something political:
traits that are commonly associated with a man or
woman (as the case may be). The use of the word gender has come to be
associated with programs and projects that are of
In this approach, gender may be understood and Western origins and hence as a tool of political
expressed in a range of ways that is 'gender influence and socio-cultural transformation. It is,
fluid' (and not in reference to the gender-binary of however, merely a concept that factors in the
man or woman). This approach is more inclusive of realities of human identities and relations.
persons who are biologically neither man nor woman
(example - intersex persons2 ), and of persons whose It is important for judicial actors and law practitioners
gender identity is different to their biological sex to be sensitive to the issues and challenges confronting
(among other gender identities). persons of different gender identities.
This may require a deliberate and active effort to learn

What gender is 'not’ how gender, can lead to exclusion from fully
participating in professional life and from accessing
Following from the above, it is important to judicial services.
discuss what things that gender is often
perceived as, but is not! It also requires the unlearning of certain ideas and
norms that have been entrenched within oneself
over time. It is important to understand the
Not just about women: following concepts in this regard.
The term gender is often regarded as referring to

women. Based on discussions above, it will be Key concepts
apparent that gender is not just about women. It is
often the case that gender studies are done in Stereotype
re l a t i o n t o wo m e n w h o a re s u b j e c t t o
marginalization and exclusion based on their A stereotype refers to an image or idea of someone
identity as women. However, a discussion of or something that is commonly held to be true, but,
gender is not limited to women's issues and can is an over simplification of the truth. It is a popular
include issues of exclusion among men and other perception of something, which is not necessarily
gender groups. true or accurate.
2
Intersex: a person born with a combination of male and female biological traits
Examples of stereotypical thinking may be illustrated in Unconscious Bias
the statements: “boys don't cry,” and “girls love pink.”
The popular perception is that boys are less emotional Unconscious, or implicit bias, refers to the attitudes
and are not easily provoked to crying. or stereotypes that affect our understanding, actions,
and decisions in an unconscious manner. These
But this is not necessarily true for boys. Nevertheless, biases, which encompass both favorable and
it may be the case that boys are socially 'expected' to unfavorable judgments, are set in motion involuntarily
live up to this perception, and hide their emotions and without our awareness or intentional control.4
and not express sadness. This is potentially
detrimental to mental health. The key feature of this type of bias is that a person is
'unaware' that they are adversely biased against
Similarly, if a girl appreciates bolder, darker colors and someone or something, and hence is unconsciously
reflects a more masculine taste in clothing, she may not oriented to making negative assumptions and
be perceived as the ideal girl that conforms to societal judgments about that someone or something.
expectations of what a girl should be. While these Therefore, it takes concerted 'soul-searching' and deep
statements are simple, they illustrate how stereotypical reflection about one's own thoughts and ideas.
thinking can be harmful and can lead to exclusion from
mainstream society. Conclusion
It is often a complex task to go against popular, socio- The discussions in this section are intended to be a
cultural notions, and hence a person may be subject starting point in a continued discovery of how the
to disadvantage and exclusion by virtue of justice system can be more inclusive and equitable. It
stereotypical thinking unless it is actively addressed. aims to provide the reader with some key concepts and
realities concerning the integration of vulnerable
groups within the justice system (including their
Impact of stereotypical thinking on the better integration in the legal profession). It has been
attainment of justice:3 compiled in recognition that the law professional
plays a vital and significant role in this regard.
Stereotyping permeates the various stages of
the legal process: the investigation, trial, and Further Reading:
judgment phases. Accordingly, judges,
magistrates, and adjudicators are not the only 1. Naomi Mezey, Law as Culture, 13Yale. J.L. & Human.
actors in the justice system that apply, 35.46 (2001).
perpetuate, and reinforce stereotypes. 2. Cordelia (2010). Delusions of Gender: How Our
Prosecutors, law enforcement officials, and Minds, Society, and Neurosexism Create
other actors can allow stereotypes to Difference. W.W. Norton
influence investigations, trials, and ultimately 3. United Nations General Assembly, Report of
the judgment. OHCHR, Summary Report on the
Recommendations of the Panel Discussion on
Prosecutors and judges should identify, Gender Stereotyping and on Women's Human
challenge, and dismantle stereotypes that Rights in the Context of Sustainable Development
occur in the justice system. This not only Agenda, (2014)
means that judges and prosecutors must not 4. CEDAW General Recommendation No. 33 on
engage in discriminatory behavior nor engage Women's Access to Justice, (2015) and related
in gender stereotyping themselves, but they recommendations and comments of the CEDAW
must also adopt gender sensitive approaches Committee and other treaty bodies
to the application of law and counter the 5. See: https://www.americanbar.org/news/abanews/
myths and stereotypes present in laws or aba-news-archives/2018/09/new-study-finds-
submitted by any of the parties. gender-and-racial-bias-endemic-in-legal-professi1/
3
Taken from USAID's Efficient and Effective Justice Activity's Participants' Manual on Gender Equality and Social Inclusion - Dr. Charles Ericksen. USAID's Efficient and
Effective Justice Activity. Prepared by Gender Resources, Inc. 2022.
4
Ibid

Annexures
A
FORMAT OF A PLAINT
IN THE DISTRICT COURT OF COLOMBO (or as t he case may be)
In the matter of an application under Section 703 of

the Civil Procedure Code (or as the case may be )
NEW COMPUTERS PRIVATE LIMITED

No. 420/1, Lake Road,
Maharagama
(names, descriptions, and addresses of all the

plaintiffs, and if they or any of them sue in any
representative capacity, state the capacity -e.g., "as
executor of C. D." or "administrator of the estate of
E. F." or if the plaintiff is a minor or person of un
sound mind appearing by his next friend or
manager. say "a minor, by C. D., of his next
friend")
PLAINTIFF
Case No.: -VS-

Nature:
Procedure: NIMAL SILVA
Value: No. 25, Temple Road,
Colombo 6
(names, descriptions, and addresses of all the
defendants as above, stating the capacity, if any, as
above in which any of them are sued)
DEFENDANT
On this day of October 2022
The Plaint of the Plaintiff above named appearing by ……………, his Attorney-at-Law states as follows;
1. The Plaintiff above named is a duly incorporated Company under the laws of Sri Lanka with the
capacity to sue and be sued in its corporate name having its registered office and/or the principle
place of business at the aforementioned address and inter alia , sales and supplies computers,
electronic devices, equipment, accessories and spare parts in its usual course of business.
The Plaintiff files herewith marked ‘P1’ and pleads as part and parcel hereof, a true copy of the
Certificate of Incorporation of the Plaintiff dated 20-12-2003.

2. The Defendant above named is the drawer of the cheque, returned with the return reason “Refer
to Drawer” under the circumstances morefully described hereinafter.
3. The Defendant resides and the causes of action hereinafter set forth arose within the local limits
of Jurisdiction of this Court.
4. The Plaintiff pleads that the Plaintiff entered into a Dealership Agreement for sale of computers,
electronic devices, equipment, accessories and spare parts with the Defendant.
5. The Plaintiff pleads that, the Plaintiff from time to time supplied inter alia , computers, electronic
devices, equipment, accessories and spare parts to the Defendant on credit. The Defendant is
obliged to sell the same and remit the monies due to the Plaintiff after retaining a commission.
6. The Plaintiff pleads that the Defendant from time to time, in consideration of the aforesaid
supplying of computers, electronic devices, equipment, accessories and spare parts by the
Plaintiff, handed over a cheque to the Plaintiff and promised to settle the outstanding amount in
due course;
7. The Defendant in consideration of the aforesaid computers, electronic devices, equipment,

accessories and spare parts supplied by the Plaintiff, tendered the cheque for a sum of
Rs.4,000,000/- bearing No. 000056 dated 15-07-2021 drawn on Green Bank City Branch, in
favour of the Plaintiff Company.
8. The Plaintiff pleads that the aforesaid cheque got dishonored with the endorsement “Refer to
Drawer”.
The Plaintiff files herewith marked ‘P2’ and pleads as part and parcel hereof, the Cheque Return
Notification relating to the aforesaid cheque bearing No. 000056 dated 15-07-2021.
9. The Plaintiff pleads that the Plaintiff Company duly gave Notice of Dishonor to the Defendant.
10. In the circumstances the Plaintiff Company pleads that a cause of action has arisen to sue the
Defendant for the sum of Rs.4,000,000/-on the cheque bearing No. 000056 dated 15-07-2021
drawn on Green Bank, City Branch.
11. The Plaintiff Company pleads that a sum of Rs.4,000,000/- is justly due to the Plaintiff Company,
on the cheque bearing No.000056 dated 15-07-2021 drawn on Green Bank City Branch.
12. The Plaintiff further pleads that on or about the …………. the Plaintiff justly made a demand
from the Defendant to make immediate payment of a sum of Rs.4,000,000/- being the sum due to
the Plaintiff on the aforementioned dishonoured cheque after having given credit for moneys paid
by the Defendant to the Plaintiff.

The Plaintiff files herewith marked ‘P3(a)’ and ‘P3(b) respectively and pleads as part and parcel
hereof, a true copy of the said Letter of Demand sent by the Plaintiff to the Defendant with
regards to the aforesaid dishonoured cheque and relevant registered postal article receipt thereof.
13. The Plaintiff pleads that the Defendant has up-to-date failed and/or neglected to comply or even
respond to the aforesaid Letter of Demand sent by the Plaintiff.
14. The Plaintiff values this action at Rs.4,000,000/- for the purpose of stamp duty.
15. The Affidavit of the General Manager of the Plaintiff Company is filed herewith in support of the
averments contained herein.
WHEREFORE the Plaintiff prays Your Honor’s Court be pleased to:
(a) Issue summons to the Defendant in accordance with the form No. 19 in the First
Schedule.
(b) Judgment in favour of the Plaintiff in a sum of Rs.4,000,000/- together with legal interest
due from the date of filling of this action till payment in full;
(c) Costs of this action and/or interest in costs; and
(d) Such other and further relief as to Your Hounor’s Court shall seem meet.
REGISTERED ATTORNEY-AT-LAW
FOR THE PLAINTIFF

B
ANSWER
IN THE D ISTRICT COURT OF COLOMBO (or as the case may be )


Maharagama
PLAINTIFF
Case No.: -VS-

Nature:
Colombo 6
DEFENDANT
On this day of December 2022
The Answer of the Defendant above named (or defendants as the case may be ) appearing by
……………, his Attorney-at-Law states as follows;
1. The Defendant denies all and singular the several averments set out in the Plaint, save except
those that are hereinafter specifically admitted.
2. The Defendant admits the averments contained in paragraph 1 of the Plaint of the Plaintiff.
3. The Defendant specifically denies the averments contained in paragraphs 2 and 3 of the Plaint
and puts the Plaintiff to the strict proof thereof.
4. The Defendant admits the averments contained in paragraphs 4 and 5 of the Plaint of the Plaintiff.
5. The Defendant denies the averments contained in paragraphs 6, 7, 8, 9 and 10 of the Plaint and
states that the Defendant had handed over several cheques to the Plaintiff as security.
6. Answering the averments contained in paragraph 11 of the Plaint, the Defendant only admits the
bare receipt of the Letter of Demand sent through the Attorney- at-Law for the Plaintiff .

7. The Defendant whilst denying the averments contained in paragraph 12, 13 and 14 of the Plaint
states that,
a. The Defendant has duly paid and settled all outstanding sums due to the Plaintiff;
b. The Plaintiff is seeking to unjustly enrich itself by presenting a cheque handed over to
Plaintiff as a security by the Defendant.
8. The Defendant states that the Plaintiff is not entitled to the sums claimed in this action.
FOR A CLAIM IN RECONVENTION
9. The Defendant re-iterates the averments contained in paragraphs 1 to 8 above.
10. The Defendant paid a sum of Rs. 3,000,000/- as an advance payment to a stock of computer
accessories on or about 5th January 2022 to the Plaintiff and the Plaintiff undertook to deliver the
same on or before 4th April 2022.
11. The Plaintiff has wrongfully failed and neglected to deliver the said goods or repay the Defendant
the said sum of Rs.3,000,000/- though obliged to do so and thereto often demanded.
12. In the premises aforesaid, a cause of action has accrued to the Defendant to sue the Plaintiff for
the recovery of the said sum of Rs.3,000,000/- together with legal interest thereon from date
hereof until date of Decree and thereafter, legal interest on the aggregate sum of Decree until
payment in full.
WHEREFORE , the Defendant respectfully prays Y our Honor’s Court be pleased to: -
(a) Dismiss the action of the Plaintiff;
(b) Enter judgment and Decree in favour of the Defendant in a sum of Rs.3,000,000/-
together with legal interest thereon from date hereof until date of Decree and thereafter
legal interest on the aggregate sum of the Decree until payment in full on the First Cause
of Action;
(c) Grant Costs; and
(d) Grant such further and other relief as to the Court shall seem meet.
REGISTERED ATTORNEY -AT -LAW FOR

THE DEFENDANT

C
REPLICATION
IN THE DISTRICT COURT OF COLOMBO (or as the case may be)


Maharagama
PLAINTIFF
Case No.: -VS-

Nature:
Colombo 6
DEFENDANT
The Replication of the Plaintiff above named (or defendants as the case may be ) appearing by
……………, his Attorney-at-Law states as follows;
1. The Plaintiff denies all and singular the several averments set out in the Answer, save except
those that are hereinafter specifically admitted.
2. The Plaintiff joins issue with the Defendant in respect of the several denials contained in the
Answer.
3. The Plaintiff admits the averments contained in paragraph 2 of the Answer of the Defendant.
4. The Plaintiff specifically denies the averments contained in paragraphs 3 and 4 of the Answer and
reiterates the averments contained in paragraphs 2, 3, 4 and 5 of the Plaint.
5. The Plaintiff denies the averments contained in paragraph 5 of the Answer, and reiterates the
averments contained in paragraphs 6, 7, 8, 9 and 10 of the Plaint.
6. The Plaintiff denies the averments contained in paragraph 6 of the Answer, and reiterates the
averments contained in paragraph 11 of the Plaint.

7. The Plaintiff denies the averments contained in paragraphs 7 and 8 of the Answer, and reiterates
the averments contained in paragraphs 12, 13 and 14 of the Plaint.
8. The Plaintiff denies the averments contained in paragraphs 9, 10, 11 and 12 of the Answer, and
puts the Defendant to strict proof thereof.
WHEREFORE , the Plaintiff respectfully prays for:-
a. The Claim in Reconvention of the Defendant be rejected and/or dismissed;
b. Judgment and Decree be entered in favour of the Plaintiff as prayed for in the prayer to the Plaint;
c. Costs be granted; and
d. Such other and further relief as to this Court may seem meet be granted.
REGISTERED ATTORNEY- AT-LAW

FOR THE PLAINTIFF

D
AFFIDAVIT
(OF A ROMAN CATHOLIC/CHRISTIAN )
I, NIMAL SILVA of No. 8, Temple Road, Colombo 6 being a Roman Catholic do hereby make oath and
state as follows:-
1. I am the deponent and the Defendant above-named.
2. I swear to the matters contained herein from my personal knowledge, on advice, and from
knowledge gained by perusing records, documents, files and data, which are in my possession
and/or have been made available to me.
3. I state that I have paid and settled all the outstanding monies due to New Computers (Private)
Limited.
Read over, and having understood

the contents hereof, sworn to and BEFORE ME,
signed by the Deponent at Colombo
on this day of December 2022
JUSTICE OF PEACE/COMMISSIONER FOR OATHS
AFFIDAVIT
(OF A BUDDHIST, HINDU, OR MUSLIM, OR OF SOME OTHER RELIGION ACCORDING TO
WHICH OATHS ARE NOT OF BINDING FORCE )
I, GAMINI PERERA, of No. 4, Pannipitiya Road, Maharagama being a Buddhist do hereby solemnly,
sincerely and truly affirm and declare as follows:
1. I am the Affirmant and the Petitionerabove-named.
2. I affirm to the matters contained herein from my personal knowledge, on advice, and from
knowledge gained by perusing records, documents, files and data, which are in my possession
and/or have been made available to me.
Read over, and having understood

the contents hereof, affirmed to and
signed by the Affirmant at Colombo
on this day of December 2022 BEFORE ME,
JUSTICE OF PEACE/COMMISSIONER FOR OATHS

E
FORMAT OF WRITTEN ADMISSIONS AND ISSUES

Maharagama
PLAINTIFF
Case No.: -VS-

Nature:
Colombo 6
DEFENDANT
I tender herewith the proposed Admissions and Issues of the Plaintiff above - named and respectfully
move that Your Honour's Court be pleased to accept the same and direct the same be filed of record.
ADMISSIONS
1. Jurisdiction of this Court is admitted.

2. The averments contained in Paragraphs 4, 5, 6, 9, and 46 are admitted.
ISSUES
1. Did the Defendant tender the cheque for a sum of Rs.4,000,000/- bearing No. 000056 dated 15-
07-2021 drawn on Green Bank City Branch, in favour of the Plaintiff Company?
2. Did the aforesaid cheque get dishonored with the endorsement “Refer to Drawer?
3. Did the Plaintiff Company duly give Notice of Dishonor to the Defendant?
4. Is a sum of Rs.4,000,000/- is justly due to the Plaintiff Company, on the said cheque bearing
No.000056 dated 15-07-2021 drawn on Green Bank City Branch?
5. Did the Plaintiff justly make a demand from the Defendant to make immediate payment of a sum
of Rs.4,000,000/- being the sum due to the Plaintiff on the aforementioned dishonoured cheque?
6. Has the Defendant up-to-date failed and/or neglected to comply or even respond to the aforesaid
Letter of Demand sent by the Plaintiff?
7. If the above Issues are answered in favour of the Plaintiff, is the Plaintiff entitled to the relief
prayed for in the prayer to the Plaint?
REGISTERED ATTORNEY -AT -LAW

FOR THE PLAINTIFF

F
LIST OF WITNESSES AND DOCUMENTS

Maharagama
PLAINTIFF
Case No.: -VS-

Nature:
Colombo 6
DEFENDANT
I tender herewith the List of Witnesses and Documents of the Plaintiff above-named and move that
Y our Honour's Court be pleased to accept same, direct the same be filed of record and issue summons on
the witnesses named herein.
LIST OF WITNESSES
1. Chief Executive Officer and/or his agent, New Computer Private Limited, No. 420/1, Lake Road,
Maharagama.
2. Nilantha Samaratunga, Managing Director, Vision Global Private Limited, No. 5, 1st Floor,
V auxhall Street, Colombo 2
3. Managing Director and/or his agent, Vision Global Private Limited, No. 5, 1st Floor, Vauxhall
Street, Colombo 2
LIST OF DOCUMENTS
1. Letter dated 13.04.2021 and its attachments sent by the Defendant to the Plaintiff.
2. Cheque return Notice in respect of the Cheque bearing No. 000056 dated 15-07-2021 drawn on
Green Bank City Branch for a sum of Rs. 4,000,000/-
Notice is hereby given to the Defendant under Section 66 of the Evidence Ordinance to produce
the originals of the documents mentioned above which are in the custody of the Defendant at each
and every date of trial hereinafter. Please note that in the event of your failure to comply with the
aforesaid, the secondary evidence in respect of the said documents will be led on behalf of the
Plaintiff in terms of the provisions of Section 66 of the Evidence Ordinance.
FOR THE PLAINTIFF

G
FORMAT OF A MOTION
IN THE DISTRICT COURT OF COLOMBO (or as the case may be )

Maharagama
PLAINTIFF
Case No.: -VS-

Nature:
Procedure: NIMAL SILV A
Colombo 6
DEFENDANT
MOTION
WHEREAS Your Honour's Court directed the parties to tender their respective Written Submissions on
07th December 2022;
I tender herewith the Written Submissions on behalf of the Plaintiff above-named and respectfully move
that Your Honour's Court be pleased to accept the same and direct the same be filed of Record.
A copy of this Motion together with the Written Submissions have been sent by Registered Post to the
Registered Attorney-at-Law for the Defendant and the relevant Registered Postal Article receipt is
attached herewith as proof thereof.
On this 07th day of December 2022
FOR THE PLAINTIFF

H
IN THE MAGISTRATE COURT OF COLOMBO
In the matter of an application in terms

of section 136 (1) (a) of the Code of
Criminal Procedure Act No: 15 of 1979.
Thilak Alwis
No: 30, Baseline Road,
Colombo 08.
Complainant
Colombo Magistrate Court V.

Case No:
Ajith Silva
Colombo 08.
Accused
On this 2nd day of April 2022
TO: THE HONORABLE MAGISTRATE OF THE MAGISTRATE COURT OF

COLOMBO
The complainantabovenamed appearing by his Attorney -at -Law Kamal Perera, states as
followsby way of his complaint:
1) The complainant states that on the 2nd of January 2022, he saw a newspaper
advertisement where the Accusedabove named, had advertised a car bearing Registration
No: WP CAB 3456 to be sold at a price of Rs. 5,000,000/=.
A true copy of the said newspaper advertisement is annexed herewith marked as “ P 1”

and is pleaded as part and parcel of this application.
2) The complainant states that he contacted the accused using the information given in the
paper advertisement and went to meet him at the address above mentioned on 05.01.2022
in order to inspect the vehicle.
3) The complainant states that the Accused stated that the car had been taken by his brother
to Kataragama for a pilgrimage and that an advance of Rs. 50,000/= may be paid to the

bank account of the Accused, as an initial deposit because another prospective buyer had
already indicated his willingness to purchase the vehicle after inspecting it.
4) The complainant states that having believe the accused, he handed over a sum of Rs.
50,000/ to the Accused in cash and obtained a receipt and the accused informed the
complainant to come on the following day to inspect the car.
A true copy of the said receipt issued by the accused when he obtained the sum of Rs.
50,000/= from the complainant, is annexed herewith marked as “ P 2” and is pleaded as
part and parcel of this application.
5) The complainant states that thereafter, the accused never answered the phone, and when
he went to the address above mentioned, the house was closed up and abandoned. On
inquiring from the residents in the area, the complainant was informed that the said house
had been closed up for several years and that no one had been living there permanently.
6) The complainant therefore states that the Accused has committed the offence of
“cheating” which is punishable under section 403 of the Penal Code through deception by
obtaining a sum of Rs. 50,000/= as a purported advance to sell a car.
7) The complainant states that he has not previously invoked the jurisdiction of Your
Honour‟s Court concerning this matter.
8) The complainant states that if inadvertently hehas failed to submit any document which is
necessary for Your Honour‟s Court to determine thisapplication, thecomplainant may be
permitted to submit same with notice to the accused.
……………... ……………………………………….
Complainant Attorney-at-Law for the Complainant
List of Witnesses:
1) Thilak Alwis- No: 30, Baseline Road, Colombo 08.

2) Sampath Silva – No: 11, Baseline Road, Colombo 08.
List of documents and productions :
1) Newspaper advertisement on “ Daily Times” published on 02.01.2022

2) Receipt dated 05.01.2022 for Rs. 50,000/= issued by the accused to the complainant
……………... ……………………………………….
Complainant Attorney-at-Law for the Complainant

CHARGE SHEET
Case No:
Accused: Ajith Silva

Colombo 08.
On or about the 5th of January 2022, in Colombo 08, which is within the jurisdiction of this
Court, you did commit the offence of “cheating” which is punishable under section 403 of the
Penal Code by obtaining a sum of Rs. 50,000/= from Thilak Alwis of No: 30, Baseline Road,
Colombo 08 by deceiving him that the said sum was an advance payment for the purchase of
vehicle bearing Registration No: WP CAB 3456.
On the day of 2022.
………………….
Magistrate

I
IN THE PROVINVIAL HIGH COURT OF THE WESTERN
PROVINCE HOLDEN IN COLOMBO
PETITION OF APPEAL
In the matter of an Appeal in terms of

section 320 of the Code of Criminal
Procedure Act No: 15 of 1979 read with
Article 154 P (3) (b) of the Constitution
as amended by the Thirteenth
Amendment to the Constitution
Colombo High Court Appeal
Case No: Officer-in-Charge
Police Station
Borella.
Complainant

Case No: 4567/22/1
Ajith Silva
Colombo 08.
Accused
And Now Between
Ajith Silva
Colombo 08.
Accused-Appellant
V.
1) Officer-in-Charge
Police Station
Borella.
Complainant-Respondent

2) Hon. Attorney General
Attorney General's Department
Colombo 12
2nd Respondent
On this 2 nd day of December 2022
TO: THE HONORABLE HIGH COURT JUDGE OF THE HIGH COURT OF THE
WESTERN PROVINCE HOLDEN IN COLOMBO
The Accused-Appellant abovenamed appearing by his Attorney –at-Law Kamal Perera,states as

followsby way of his Petition of Appeal:
1) The charge sheet against the Accused-Appellant (hereinafter referred to as the

“Appellant”) in the Magistrate Court of Colombo in Case No: 4567/22/1 contained the
following charge:
On or about the 5th of January 2021, in Borella, the Accused committed an offence
punishable under section 315 of the Penal Code by attacking Piyal Gunasena with a knife
and causing him hurt.
2) The Appellant pleaded “not-guilty” to the above chargeand the evidence of the following
witnesses were led on behalf of the prosecution:
i. PW 01-Piyal Gunasena (virtual complainant)

ii. PW 02- Susila Gunasena (wife of the virtual complainant)
iii. PW 03- PC 6061 Ananda of the Borella Police Station
iv. The Medico-legal report of the victim was marked as “P 1” through the Mudaliyar
3) After the conclusion of the prosecution case, the Appellant made a dock statement and
concluded the defense case.
4) Thereafter, written-submissions were filed on behalf of the Appellant and the case was
fixed for Judgment to be delivered on the 1st of November 2022.
5) On the 1st of November 2022, the Learned Magistrate delivered the finaljudgment,
convicting the Appellant of the charge. On the same day, the Learned Magistrate called
for a fingerprint report for punishments to be imposed on the 15th of November 2022.
6) The Appellant who is aggrieved by the final judgment dated 01.11.2022 in Colombo
Magistrate Court Case No:4567/22/1, submits this Petition of Appeal against the said
conviction based on the following grounds of appeal:

i. The credibility of the evidence given by the virtual-complainant is
unacceptable considering the serious contradictions and omissions brought to
the attention of Court during the cross-examination of the witness.
ii. The evidence of the virtual-complainant concerning his injuries, is contrary to

the injuries described in the medico-legal report marked as “ P 1”.
iii. The Learned Magistrate has failed to properly consider defense version and
the reasonable doubt
WHEREFORE the Accused-Appellant prays that Your Honor’s Court be pleased to:
a) Set aside the conviction dated 01.11.2022 in Colombo Magistrate Court Case
No:4567/22/1,
b) Grant such other and further relief as may seem meet to Y our Honour’s Court.
Attorney-at-Law for the Accused-Appellant
I hereby certify that this Appeal contains matters of law which are fit for adjudication by Your
Honour’s Court.
Attorney-at-Law

J
IN THE PROVINVIAL HIGH COURT OF THE WESTERN
PETITION
In the matter of a Revision Application

under Article 138 of the Constitution
read with Article 154 P (3) (b) of the
Constitution as amended by the
Thirteenth Amendment to the
Constitution
Colombo High Court Revision
Application Case No: Officer-in-Charge
Police Station
Borella.
Complainant

Case No: 1234/22/1
Ajith Silva
Colombo 08.
Accused
And Now Between
Raj Kumar
Colombo 08.
Registered Owner- Petitioner
V.
Police Station
Borella.

Attorney Generals Department
Colombo 12
2nd Respondent
On this 2nd day of April 2022
The Registered Owner-Petitioner (hereinafter referred to as the “Petitioner”) above-

named appearing by his Attorney -at-Law Kamal Perera, states as follows by way of his Petition:
1) The Petitioner states that the charge sheet against the Accused in the Magistrate Court of
Colombo in Case No: 1234/22/1 contained the following charge:
On or about the 5th of January 2022, in Borella, the Accused committed an offence
punishable under section 47 (1) of the Excise Ordinance as amended, by transporting
825 liters of Spirit in the Van bearing Registration No: WP PA 9676 in violation of the
Law.
2) The Petitioner states that the on the 15th of February 2022, the Accused Pleaded guilty to
the said charge and was sentenced accordingly. As the Petitioner made an application to
Court that he is the Registered Owner of the Van bearing Registration No: WP PA 9676
and that the said vehicle be released to him, the Learned Magistrate fixed the matter for an
inquiry to be held on the 2nd of March 2022 to decide whether the said vehicle should be
confiscated or released to the Petitioner.
3) The Petitioner states that on the 15th of February 2022, he gave evidence and stated that he
had entered into a written agreement with the Accused who had taken his van on hire to
use the vehicle as a school van. the Petitioner stated that he had no knowledge or
involvement concerning the alleged offence committed by the Accused. The Accused also
gave evidence on the same day, confirming the evidence of the Petitioner.
4) The Petitioner states that on the 2nd of March 2022, the Learned Magistrate delivered an
order confiscating the Van bearing Registration No: WP PA 9676.
A complete certified copy of the Case Record of Colombo Magistrate Court Case No:
1234/22/1 is annexed herewith marked as “ P 1” whereas the said confiscation order dated
02.03.2022 is marked as “ P 1 (a)” and is pleaded as part and parcel of this Application.

5) The Petitioner states that he is aggrieved by the confiscation order dated 02.03.2022, due
to the following grounds which amount to “exceptional circumstances”:
a) The Petitioner being the registered owner of the vehicle, had no knowledge or
involvement concerning the alleged offence committed by the Accused.
b) The agreement between the Petitioner and the Accused clearly states that the purpose
of giving the vehicle on hire, was for a school service, and not for any illegal activity.
c) The evidence of the Petitioner is corroborated by the evidence of the Accused, who
stated that the Petitioner had no knowledge or involvement in the alleged offence and
that the Accused takes full responsibility for same.
6) The Petitioner states that he has not previously invoked the jurisdiction of Your Honour’s
Court concerning this matter.
7) The Petitioner states that if inadvertently the Petitioner has failed to submit any document
which is necessary for Your Honour‟s Court to determine this application, the
Petitioner may be permitted to submit same with notice to the Respondents before the
hearing of this matter.
WHEREFORE the Petitioner prays that Y our Honour’s Court be pleased to:
a) Issue notice of this Application to the Respondents,
b) Grant an order staying the execution of the confiscation order dated 02.03.2022 in
Colombo Magistrate Court Case No: 1234/22/1, until the final determination of this
application,
c) Set aside the confiscation order dated 02.03.2022 in Colombo Magistrate Court Case
No: 1234/22/1, grant an order releasing the said vehicle to the Petitioner,
d) Grant such other and further relief as may seem meet to Y our Honour’s Court.
Attorney-at-Law for the Petitioner

K
MOTION
Officer-in-Charge
Police Station
Borella.
Complainant

Case No: B.7474/22/1
Ajith Silva
Colombo 08.
Suspect
On this 2 nd da y of December 2022

COLOMBO
Whereas, in terms of order dated 10th of October 2022 a foreign travel ban has been imposed on
the suspect and whereas it has become necessary for the suspect to travel to India for medical
treatment within the month December 2022, it is respectfully pleaded that this case be called in
open Court on the 2nd of December 2022, in order that an application can be made to Your
Honour’s Court in this regard.
Previous date: 22.11.2022

Next date: 05.03.2022
Attorney-at-Law for the Suspect

L
IN THE PROVINCIAL HIGH COURT OF THE WESTERN
MOTION
Colombo High Court

Case No: HC 234/2020 Democratic Socialist Republic of Sri Lanka
Complainant
V.
Ajith Silva
Colombo 08.
Accused
On this 2nd day of December 2022
Whereas, by order dated 10th of January 2022, a foreign travel ban has been imposed on the
Accused, and whereas it has become necessary for the Accused to travel to India for urgent
medical treatment during the month of December 2022, it is respectfully pleaded that this case be
called in open Court on the 6th of December 2022 in order that an application can be made to
Your Honour’s Court in this regard.
True copies of documents pertaining to this application which are relied upon by the Accused,
are annexed herewith marked as “X 1”.
State Counsel Attorney-at-Law for the Petitioner

(Received notice of motion)

M
IN THE COURT OF APPEAL OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF SRI LANKA
PETITION OF APPEAL
In the matter of an Appeal in terms of

section 331 of the Code of Criminal
Procedure Act No: 15 of 1979
Court of Appeal
Case No: Democratic Socialist Republic of Sri Lanka
Complainant
Colombo High Court V.

Case No: HC 55/20
Ajith Silva
Colombo 08.
Accused
And Now Between
Ajith Silva
Colombo 08.
Accused-Appellant
V.
Hon. Attorney General

Colombo 12
Respondent

TO: HIS LORDSHIP THE HONORABLE PRESIDENT OF THE COURT OF APPEAL
AND THE OTHER HONORABLE JUDGES OF THE COURT OF APPEAL OF THE
DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
The Accused-Appellant abovenamed appearing by his Attorney –at-Law Kamal Perera,states as

follows by way of his Petition of Appeal:
1) The indictment against the Accused-Appellant (hereinafter referred to as the “Appellant”)

in Colombo High Court Case No: HC 55/20 contained the following charge:
On or about the 5th of January 2018, in Borella, the Accused committed the offence of
murder which punishable under section 296 of the Penal Code by causing the death of
Saman Fernando.
2) The Appellant pleaded “not-guilty” to the above chargeand the evidence of the following
i. PW 01-Nalini Fernando (wife of deceased)

ii. PW 02- Susila Gunasena (neighbor)
iii. PW 03-Consultant JMO Dr Cooray
iv. PW 05- CI Ananda of the Borella Police Station
v. Mudaliyar/translator
3) The following documents and productions were marked in the course of the prosecution
case:
i. P 1- Post Mortem Report of the deceased

ii. P 2- a blood-stained knife recovered from the scene
4) After the conclusion of the prosecution case, the Appellant made a dock statement and
5) Thereafter, written-submissions were filed on behalf of the Appellant and the case was
fixed for Judgment to be delivered on the 20th of November 2022.
6) On the 20th of November 2022, the Learned High Court Judge delivered the judgment
convicting the Appellant for committing the offence of murder and imposed the death
sentence on the Appellant.
7) The Appellant who is aggrieved by the final judgment and sentence dated 20.11.2022 in
Colombo High Court Case No: HC 55/20 submits this Petition of Appeal against the said
conviction and punishment, based on the following grounds of appeal:
i. The alleged “dying declaration” implicating the Appellant which was led in
the course of the evidence of PW 01 (wife of the deceased) ought to have been

disregarded, due to the reason that the evidence of the PW 03- Consultant
JMO confirms that the deceased could not have spoken after he received the
injuries to his neck.
ii. The evidence of PW 01 and PW 02 stating that there was a previous animosity
between the deceased and the appellant, is inadequate to convict the
Appellant for committing the offence of murder.
iii. The Learned High Court Judge has failed to properly consider the reasonable
doubt which arises in the prosecution case itself.
iv. The Learned High Court Judge has failed to properly consider the dock
statement of the Appellant.
WHEREFORE the Accused-Appellant prays that Y our Lordship's Court be pleased to:
a) Set aside the conviction and sentence dated 20.11.2022, of the Learned High Court
Judge of Colombo in High Court Case No: HC 55/20,
b) Grant such other and further relief as may seem meet to Y our Lordship's Court.
Attorney-at-Law for the Accused-Appellant

N
PETITION
In the matter of a Revision Application

under Article 138 of the Constitution
read with Article 145 of the Constitution
Court of AppealRevision
Application Case No: Officer-in-Charge
Police Station
Borella.
Complainant
Colombo High Court V.

Bail Application No: HCBA 10/22
1) Ajith Silva
Colombo 08.
2) Kumar Jayaratne
Colombo 08.
Colombo Magistrate Court Suspects

Case No: B. 2323/22/1
And then Between
Anula Silva
Colombo 08.
Petitioner
V.
Police Station
Borella.

Colombo 12
2nd Respondent
And now between

Anula Silva
Colombo 08.
Petitioner- Petitioner
V.
Police Station
Borella.
Complainant-Respondent -Respondent

Colombo 12
2nd Respondent-Respondent
On this 7 th day of April 2022
TO: HIS LORDSHIP THE HONORABLE PRESIDENT OF THE COURT OF APPEAL

AND THE OTHER HONORABLE JUDGES OF THE COURT OF APPEAL OF THE
DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
The Petitioner-Petitioner(hereinafter referred to as the “Petitioner”) abovenamed appearing by

his Attorney -at-Law Kamal Perera, states as followsby way of his Petition:
1) The Petitioner states that she is the wife of Ajith Silva, the suspect abovenamed and that
she is a mother of two children aged 02 and 05.
(A complete certified copy of Colombo High Court Bail Application Case No: HC BA
10/22 is annexed herewith marked as “ P 1” and the true copy of the Marriage Certificate
of the Petitioner and the Birth Certificates of her two children are annexed herewith

marked as “ P 1 (a)”, “ P 1 (b)” and “ P 1 (c)” respectively and are pleaded as part and
parcel of this application)
2) The Petitioner states that her husband is the sole breadwinner of the family and until his
arrest and incarceration, he was supporting the family as a three-wheeler driver.
3) The Petitioner states that on the 4th of January 2022, her husband left home in his three-
wheeler at about 7 am, for a hire but did not return in the evening as usual and his mobile
phone was not functioning.
4) The Petitioner states that her brother (Suresh Mendis) came to her house at about 8pm
and informed her that her husband had been arrested and is now placed in custody at the
Borella Police Station.
5) The Petitioner states that she immediately went to the Borella Police Station, at about
8.30pm and saw that her husband was kept in a cell but she was not permitted to speak
with her husband.
6) The Petitioner states that a Police Officer informed her that her husband had been
arrested while carrying a packet of heroin in his trouser pocket and that he will be
produced before Court on the following day.
7) The Petitioner states that on the 6th of January 2022, her husband was produced to the
Colombo Magistrate Court No: 01 under Case No: B. 2323/22/1 and was further
remanded. Another individual who was referred to as the 2nd suspect, was also produced
before Court and remanded along with the Petitioner’s husband.
8) The Petitioner states that according to the B Report dated 06.01.2022, filed by the
Complainant-Respondent, it was the 2nd suspect (Kumar Jayaratne) who was the
passenger of the three-wheeler, who had allegedly been in possession of 05 grams of
heroin. The husband of the Petitioner, named as the 1 st suspect had only been the driver of
the three-wheeler.
(The certified copy of the B report dated 06.01.2022 is annexed herewith marked as “P 1
(d)” and is pleaded as part and parcel of this application)
9) The Petitioner states that her husband was merely going on a three-wheeler hire and had
no knowledge of the contents of the pockets of the passenger of the three-wheeler, at the
time he was arrested on 05.01.2022.

10) The Petitioner states that her husband suffered a heart attack on the 8th of July 2021, and
that he is continuously taking medication for his heart disease and that the incarceration
of her husband may cause a danger to the life of her husband.
(A true copy of the Diagnostic Card issued by the National Hospital of Sri Lanka,
concerning the heart ailment of the Petitioner‟s husband is annexed herewith marked as
“P 1 (e)” and is pleaded as part and parcel of this application)
11) The Petitioner states that a Bail Application was filed in the High Court of Colombo
which was listed as HCBA 10/22, in order to obtain bail for her husband.
12) The Petitioner states that objections dated 4th of March 2022, were filed on behalf of the
Hon. Attorney General.
A certified copy of the said objections is annexed herewith marked as “P 1 (f)” and is
pleaded as part and parcel of this application.
13) The Petitioner states that on the 25th of March 2022, the bail inquiry was taken up and on
the same day, the Learned High Court Judge delivered an order rejecting bail.
A certified copy of the said order dated 25.03.2022 is annexed herewith marked as “P 1
(g)” and is pleaded as part and parcel of this application.
14) The Petitioner being aggrieved by the order dated 25.03.2022, of the Learned High Court
Judge of Colombo in Bail Application Case No: HC BA 10/22 submits this Revision
Application based on the following circumstances, which in its totality may amount to
“exceptional circumstances”:
a) The material reported to Court by the Complainant-Respondent does not disclose that
the 1st suspect was aware that the 2nd suspect was hiding narcotics in his trouser
pocket.
b) The incarceration of the 1st suspect who is a heart patient, may cause a danger to the
health of the 1st suspect.
c) The 1st suspect is the sole breadwinner of his family, and due to his incarceration, the
Petitioner and his two children are left destitute.
d) The husband of the Petitioner has no previous criminal convictions or pending

criminal cases.
15) The Petitioner states that the jurisdiction of Your Lordships Court has not been
previously invoked in respect of this matter.

16) If inadvertently the Petitioner has failed to include a document which is necessary for the
determination of this Bail Application, the Petitioner seeks the permission of Your
Lordships Court, to tender such documents to Your Lordship's Court, with notice to the
Respondents, before the hearing of this matter.
WHEREFORE the Petitioner prays that Your Lordship's Court be pleased to:
a) Issue notice of this Bail Application to the Respondents,
b) Set aside the order dated 25.03.2022 of the Learned High Court Judge of Colombo in
Bail Application Case No: HC BA 10/22,
c) Enlarge the husband of the Petitioner (1st suspect) on Bail, on conditions that may be
acceptable to Your Lordship's Court,
d) Grant such other and further relief as may seem meet to Y our Lordship's Court.
Attorney-at-Law for the Petitioner-Petitioner

O
IN THE SUPREME COURT OF THE DEMOCRATIC
PETITION
In the matter of an Application for Special

Leave to Appeal in terms of Section 09 of the
High Court of the Provinces (Special
Provisions) Act No: 09 of 1990 read with
Article 128 of the Constitution of the
Democratic Socialist Republic of Sri Lanka.
Supreme Court Special Democratic Socialist Republic of Sri Lanka

Leave to Appeal Application No:
Complainant
Court of Appeal V.
Case No: CA 105/21
Ajith Silva
Colombo 08.
Accused
High Court of Colombo
Case No: HC 55/20
And then Between
Ajith Silva
Colombo 08.
Accused-Appellant
V.

Colombo 12
Respondent
And now between

Ajith Silva
Colombo 08.
Accused-Appellant- Petitioner
V.

Colombo 12
Respondent-Petitioner
On this 25th day of August 2022
TO: HIS LORDSHIP THE CHIEF JUSTICE AND THE OTHER HONORABLE
JUDGES OF THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST
REPUBLIC OF SRI LANKA.
The Accused-Appellant-Petitioner (hereinafter referred to as “Petitioner”) abovenamed

appearing by his Attorney -at-Law Kamal Perera, states as follows by way of his Petition:
1) The indictment against the Petitioner in Colombo High Court Case No: HC 55/20
contained the following charge:
On or about the 5th of January 2018, in Borella, the Accused committed the offence of
murder which punishable under section 296 of the Penal Code by causing the death of
Saman Fernando.
2) The Petitioner pleaded “not-guilty” to the above chargeand the evidence of the following
i. PW 01-Nalini Fernando (wife of deceased)

ii. PW 02- Susila Gunasena (neighbor)
iii. PW 03-Consultant JMO Dr Cooray
iv. PW 05- CI Ananda of the Borella Police Station
v. Mudaliyar/translator
3) The following documents and productions were marked in the course of the prosecution
case:
i. P 1- Post Mortem Report of the deceased

ii. P 2- a blood-stained knife recovered from the scene

4) After the conclusion of the prosecution case, the Petitioner made a dock statement and
5) Thereafter, final submissions were made on behalf of the Petitioner and the case was
fixed for Judgment to be delivered on the 20th of November 2021.
6) On the 20th of November 2021, the Learned High Court Judge delivered the judgment
convicting the Petitioner for committing the offence of murder and imposed the death
sentence on the Petitioner.
7) The Appellant who is aggrieved by the final judgment and sentence dated 20.11.2021 in
Colombo High Court Case No: HC 55/20filed an Appeal against the said conviction and
punishment, based on the following grounds of appeal:
i. The alleged “dying declaration” implicating the Appellant which was led in
the course of the evidence of PW 01 (wife of the deceased) ought to have been
disregarded, due to the reason that the evidence of the PW 03- Consultant
JMO confirms that the deceased could not have spoken after he received the
injuries to his neck.
ii. The evidence of PW 01 and PW 02 stating that there was a previous

animosity between the deceased and the appellant, is inadequate to convict
the Appellant for committing the offence of murder.
iii. The Learned High Court Judge has failed to properly consider the reasonable
iv. The Learned High Court Judge has failed to properly consider the dock
statement of the Appellant.
8) The Petitioner states that the said Appeal was listed in the Court of Appeal as Court of
Appeal Case No: CA 105/21 and written – submissions were filed on behalf of the
Petitioner as well as the Hon. Attorney General and argument was held on 26 th of June
2022.
9) The Petitioner states that by Judgment dated 5 th of August 2022, the Court of Appeal
dismissed the Appeal and affirmed the conviction and death sentence imposed by the
High Court.
10) The Petitioner states that he is aggrieved by the order of the Court of Appeal dated 5 th of
August 2022, in Court of Appeal Case No: CA 105/21 and the Petitioner moves Your
Lordship's Court to grant Special Leave to Appeal to Your Lordship's Court on the

following among other grounds that may be urged on behalf of him at the hearing of this
Application:
a) The alleged “dying declaration” implicating the Petitioner which was led in the
course of the evidence of PW 01 (wife of the deceased) ought to have been
disregarded, due to the reason that the evidence of the PW 03- Consultant JMO
confirms that the deceased could not have spoken after he received the injuries to
his neck.
b) The evidence of PW 01 and PW 02 stating that there was a previous animosity

between the deceased and the appellant, is inadequate to convict the Appellant
for committing the offence of murder.
c) The Learned High Court Judge has failed to properly consider the reasonable
d) The Learned High Court Judge has failed to properly consider the dock statement
of the Appellant.
11) The Petitioner states that the following questions of law arise for adjudication by Your
Lordships Court in this Case:
a) Should the alleged “dying declaration” implicating the Petitioner which was led in
the course of the evidence of PW 01 (wife of the deceased) be disregarded, due to
the reason that the evidence of the PW 03- Consultant JMO confirms that the
deceased could not have spoken after he received the injuries to his neck ?
b) Is the evidence of PW 01 and PW 02 stating that there was a previous animosity

between the deceased and the appellant, adequate to convict the Appellant for
committing the offence of murder?
c) Has the Learned High Court Judge and Judges of the Court of Appeal failed to
properly consider the reasonable doubt which arises in the prosecution case itself?
d) Has the Learned High Court Judge and Judges of the Court of Appeal failed to
properly consider the dock statement of the Appellant?
WHEREFORE the Accused-Appellant-Petitioner Prays that Your Lordships Court be

pleased to:
a) Grant Special Leave to Appeal to Your Lordships Court against the order dated
05.08.2022 of the Court of Appeal in Case No: CA 105/21,

b) Set aside the order dated 05.08.2022 of the Court of Appeal in Case No: CA 105/21,
c) Set aside the conviction and death sentence imposed by the Learned High Court Judge of
Colombo in Case No: HC 55/20 dated 20.11.2021,
d) Grant Costs and,
e) Grant such other and further reliefs that Your Lordship's Court shall seem meet.
Attorney-at-Law for the Accused-Appellant-Petitioner

P
PETITION
In the matter of an Anticipatory

Bail Application in terms of section
21 of the Bail Act No: 30 of 1997
Colombo Magistrate Court Anticipatory

BailApplication Case No:
Ajith Silva
Colombo 08.
Petitioner
V.
Officer-in-Charge
Police Station
Borella.
Respondent

COLOMBO
The Petitioner appearing by his Attorney-at-Law Kamal Perera states as follows:
1) The Petitioner states that he is a Director of “New Cars (Pvt) Ltd” which engages in the
business of importing cars to Sri Lanka from Japan.
(True copies of documents to in proof of the above are annexed herewith marked as
“P 1” and are pleaded as part and parcel of this application)
2) The Petitioner states that on 10.08.2022, a customer by the name of “Kumara Alwis” had
visited the showroom at No: 18, Ward Place, Borella and paid an advance of Rs.1 million
to the sales manager at the showroom by the name of Anthony Mark for the importation
of a “Tota Viz” vehicle manufactured in 2021 in Japan, the total price being Rs. 6
million.

(A true copy of the said receipt is annexed herewith marked as “ P 2” and is pleaded as
part and parcel of this application)
3) The Petitioner states that according to the said agreement, the said vehicle was due to
arrive in Sri Lanka during the latter half of October 2022, however due to the “Fushima
earthquake” which unexpectedly affected Tokyo on the 28th of August 2022, it was not
possible for the vehicle to be brought to Sri Lanka as planned.
4) The Petitioner states that the above-mentioned customer “Kumara Alwis” came to the
showroom several times during the month of October and demanded for a refund of the
advance of Rs. 1 million. The Petitioner states that it was explained to “Kumara Alwis”
that due to the situation in Japan, it may not be possible to import the same type of
vehicle but that an older Indian manufactured vehicle of the same type can be imported
and sold at the same price.
5) The Petitioner states that the above mentioned “Kumara Alwis” who arrived at the
showroom on the 3rd of November 2022 attempted to violently assault the sales manager
Anthony Mark, demanding the refund of the advance of Rs. 1 million. The Petitioner
states that he intervened and tried to prevent this assault and that the said customer
“Kumara Alwis” threatened the Petitioner that he will take criminal legal action and have
the Petitioner arrested and remanded without bail for 01 year, using his political and
police contacts.
(A Compact Disk containing the relevant CCTV footage is marked as “P 3” and a true
copy of the affidavit of Anthony Mark pertaining to these events is marked as “P 4” and
are annexed as part and parcel of this application.)
6) The Petitioner states that during the month of November 2022, several phone calls were
received to the showroom where the above mentioned “Kumara Alwis” threatened that
he will have the Petitioner remanded and incarcerated if the Rs. 1 million advance is not
returned.
7) The Petitioner states that he is advised that “ Kumara Alwis” is attempting to make an
allegation that the Petitioner has committed the offence of “cheating” which is punishable
under section 403 of the Penal Code and which offence is a “non-bailable” criminal
offence.
8) The Petitioner states that he denies that he has committed any criminal offence and that
he is ready to come to an amicable settlement with “Kumara Alwis” concerning this
commercial dispute.
9) The Petitioner states that considering the behavior and threats made by “Kumara Alwis”
his only aim is to have the Petitioner arrested and remanded and to punish and harass the
Petitioner.

10) The Petitioner states that he is a father of two children aged 3 and 5 years and that he is
the sole breadwinner of the family. The Petitioner states that if he is incarcerated, his wife
and two young children will be left helpless and vulnerable.
(True copies of the marriage certificate of the Petitioner and birth certificated of the two
children are annexed herewith marked as “P 5”, “P 6” and “P 7” respectively and are
pleaded as part and parcel of this application)
11) The Petitioner states that he is an insulin dependent diabetes patient, and that if he is
incarcerated, it would adversely affect his health.
( A true copy of the relevant medical certificate is annexed herewith marked as “P 8”

and is pleaded as part and parcel of this application)
12) The Petitioner states that he undertakes to assist in any criminal investigation or judicial
proceeding against him and appear before Court as and when required.
13) The Petitioner states when the above material is considered in its totality, suitable
grounds have been established to grant Anticipatory Bail to the Petitioner.
14) The Petitioner states that he has not invoked the jurisdiction of this Court or any other
Court concerning this matter.
15) The Petitioner states that if inadvertently any document necessary for the determination
of this application has not been submitted, he may be permitted to submit such document
with the permission of Court before the hearing of this application.
Whereas the Petitioner pleads that Your Honour’s Court be pleased to:
a) Issue notice of this application to the Respondent,

b) Fix this application for inquiry,
c) Grant Anticipatory Bail to the Petitioner on conditions that may seem appropriate to Y our
Honour's Court,
d) Grant such other and further relief that may seem appropriate to Y our Honour's Court.

Q
PETITION
In the matter of a Bail Application in

terms of section 13 of the Bail Act No:
30 of 1997.
Colombo High Court Bail Application

Case No:
Officer-in-Charge
Police Station
Borella.
Complainant

Case No: B. 2323/22/1
Ajith Silva
Colombo 08.
Suspect
And Now Between
Kanthi Silva
Colombo 08.
Petitioner
V.
Police Station
Borella.

Attroney Generals Department
Colombo 12
2nd Respondent
And
Ajith Silva
Colombo 08.
Suspect
(Presently in Colombo remand Prison)
On this 2nd day of December 2022
The Petitioner abovenamed appearing by his Attorney –at-Law Kamal Perera,states as follows in
his Petition:
(A true copy of the Marriage Certificate of the Petitioner and the Birth Certificates of her
two children are annexed herewith marked as “P 1”, “P2” and “P 3” respectively and
are pleaded as part and parcel of this application)
3) The Petitioner states that on the 5th of October 2022, her brother Sunil Gamini arrived at
their house at about 7pm and thereafter, her brother and her husband started consuming
arrack.
4) The Petitioner states that at about 9pm, she asked her husband and brother to come
inside the house and have their dinner. While they were having dinner, an argument arose
concerning a loan which the Petitioner’s brother had given the Petitioner’s husband. The
argument became more aggressive, and the Petitioner’s brother threw his plate towards
the Petitioner’s husband who managed to catch the place and throw it back towards the
Petitioner’s brother.

5) The Petitioner states that the plate struck her brother’s face and her brother fell off his
chair and was motionless and they immediately took him to the National Hospital and
realized that the Petitioner’s brother had already died.
6) The Petitioner states that Police officers from the Borella Police Station recorded
statements from several witnesses and after a statement was recorded from her husband,
at about 10pm on the same night, they arrested the Petitioner’s husband without giving a
reason for the arrest.
7) The Petitioner states that on the following day, her husband was produced to the
remanded. The Petitioner was surprised to be informed that her husband had been
arrested on an allegation or murder.
(The certified copy of the B report dated 06.10.2022 is annexed herewith marked as “P4”
8) The Petitioner states that after the post-mortem inquiry and the inquest proceedings, it
was revealed that the cause of death was a ‘heat attack’ although the deceased had a
minor injury on his face due to the impact of the plate which struck his face.
(A certified copy of the inquest proceedings and the Post-mortem report are annexed
herewith marked as “P 5” and “P 6” and are pleaded as part and parcel of this
application.)
9) The Petitioner states that the Police investigations have been concluded and that the
matter has been referred to the Hon. Attorney General for advice on further legal action
and that her husband remains incarcerated in the meantime.
10) The Petitioner states that her husband vehemently rejects the allegation of murder.
concerning the heart ailment of the Petitioner’s husband is annexed herewith marked as
“P7” and is pleaded as part and parcel of this application)
12) The Petitioner states that Your Honour’s Court may consider enlarging the Petitioner’s
husband on bail, considering that the following circumstances:

a) The material reported to Court through the investigation does not disclose the
commission of the offence of murder, as the deceased had died due to a ‘heart attack’,
for which the Petitioner’s husband bears no criminal liability.
b) The incarceration of the suspect who is a heart patient, may cause a danger to his
health.
c) The suspect is the sole breadwinner of his family, and due to his incarceration, the

criminal cases.
e) There are no grounds under section 14 of the Bail Act No: 30 of 1997 to reject bail.
13) The Petitioner states that the jurisdiction of Your Honour’s Court has net been previously
invoked in respect of this matter.
Honour’s Court, to tender such documents to Your Honour’s Court, with notice to the
b) Enlarge the husband of the Petitioner on Bail, on conditions that may be acceptable to
Y our Honour’s Court,
c) Grant such other and further relief as may seem meet to Y our Honour’s Court.

R
PETITION

terms of section 83(1) of the Poisons
Opium and Dangerous Drugs
Ordinance as amended by Act No: 41 of
2022.
Colombo High Court Bail Application

Case No:
Officer-in-Charge
Police Station
Borella.
Complainant

Case No: B. 2323/22/1
1) Ajith Silva
Colombo 08.
2) Kumar Jayaratne
Colombo 08.
Suspects
And Now Between
Kanthi Silva
Colombo 08.
Petitioner
V.

Police Station
Borella.

Attroney General's Department
Colombo 12
2nd Respondent
And
Ajith Silva
Colombo 08.
1st Suspect
The Petitioner abovenamed appearing by his Attorney -at-Law Kamal Perera, states as follows in
his Petition:
two children are annexed herewith marked as “ P 1”, “P2” and “P 3” respectively and
are pleaded as part and parcel of this application)
3) The Petitioner states that on the 5th of October 2022, her husband left home in his three-
wheeler at about 7 am, for a hire but did not return in the evening as usual and his mobile
phone was not functioning.

4) The Petitioner states that her brother (Suresh Mendis) came to her house at about 8pm
and informed her that her husband had been arrested and is now placed in custody at the
Borella Police Station.
5) The Petitioner states that she immediately went to the Borella Police Station, at about
8.30pm and saw that her husband was kept in a cell but she was not permitted to speak
with her husband.
6) The Petitioner states that a Police Officer informed her that her husband had been
arrested while carrying a packet of heroin in his trouser pocket and that he will be
produced before Court on the following day.
7) The Petitioner states that on the 6th of October 2022, her husband was produced to the
remanded. Another individual who was referred to as the 2nd suspect, was also produced
before Court and remanded along with the Petitioner’s husband.
(A complete certified copy of the case record of Colombo Magistrate Court Case No: B.
2323/22/1, is annexed herewith marked as “P 4” and is pleaded as part and parcel of this
application)
8) The Petitioner states that according to the B Report dated 06.10.2022, filed by the
Complainant-Respondent, it was the 2nd suspect (Kumar Jayaratne) who was the
passenger of the three-wheeler, who had allegedly been in possession of 05 grams of
heroin. The husband of the Petitioner, named as the 1 st suspect had only been the driver of
the three-wheeler.
(The certified copy of the B report dated 06.10.2022 is annexed herewith marked as “P 5”
9) The Petitioner states that her husband was merely going on a three-wheeler hire and had
no knowledge of the contents of the pockets of the passenger of the three-wheeler, at the
time he was arrested on 05.10.2022.
concerning the heart ailment of the Petitioner’s husband is annexed herewith marked as
“P 6” and is pleaded as part and parcel of this application)

husband on bail, considering that the following circumstances, which in its totality may
amount to ‘exceptional circumstances’:
the 1st suspect was aware that the 2nd suspect was hiding narcotics in hist rouser
pocket.
b) The incarceration of the 1st suspect who is a heart patient, may cause a danger to the
health of the 1st suspect.
c) The 1st suspect is the sole breadwinner of his family, and due to his incarceration, the

criminal cases.
12) The Petitioner states that the jurisdiction of Your Honour’s Court has net been previously
invoked in respect of this matter.
Honour’s Court, to tender such documents to Your Honour’s Court, with notice to the
b) Enlarge the husband of the Petitioner (1st suspect) on Bail, on conditions that may be
acceptable to Your Honour’s Court,
c) Grant such other and further relief as may seem meet to Y our Honour’s Court.

S
PETITION

terms of section 10 (1) (a) of the
Assistance to and Protection of Victims
of Crime and Witness Act No: 04 of
2015.
Court of Appeal Bail Application

Case No:
Officer-in-Charge
Police Station
Borella.
Complainant

Case No: B. 8585/22/1
Ajith Silva
Colombo 08.
Suspect
And Now Between
Kanthi Silva
Colombo 08.
Petitioner
V.
Police Station
Borella.

Attroney General’s Department
Colombo 12
2nd Respondent
And
Ajith Silva
Colombo 08.
Suspect
On this 5 th day of December 2022
TO: HIS LORDSHIP THE PRESIDENT OF THE COURT OF APPEAL AND

THE OTHER HONORABLE JUDGES OF THE COURT OF APPEAL OF
THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
The Petitioner abovenamed appearing by his Attorney-at-Law Kamal Perera,states as follows in

his Petition:
two children are annexed herewith marked as “P 1”, “P2” and “P 3” respectively and are
pleaded as part and parcel of this application)
3) The Petitioner states that her husband is the Accused in Colombo Magistrate Court Case
No: 4567/22/1 and the charge against him is that he had committed an offence punishable
under section 314 of the Penal Code by slapping a person by the name of Ananda
Kulasinghe.
(A complete certified copy of the case record of Colombo Magistrate Court Case No:
4567/22/1 is annexed herewith marked as “ P 4” and is pleaded as part and parcel of this
application)

4) The Petitioner states that her husband vehemently denies the above allegation and that on
the previous date of the trial, which was the 10th of October 2022, the Petitioner’s
husband gave a dock statement, and the defense case was concluded.
5) The Petitioner states that as the Petitioner and her husband, exited the Court premises
after the trial on 10.10.2022, at about 3.30pm, the virtual-complainant in Colombo
Magistrate Court Case No: 4567/22/1, walked towards them and stated as follows: “I
will make sure you end up behind bars !” . The Petitioner states that her husband replied
stating:“ we will see about that!” and they both walked away and returned home.
6) The Petitioner states that on the following day (11.10.2022), her husband was informed
by an officer of the Borella Police Station to meet the Officer-in-Charge and when he
went there at about 2pm, he was arrested on an allegation that he had threatened the
virtual-complainant of Colombo Magistrate Court Case No: 4567/22/1, on 10.10.2022
after the hearing of the trial.
7) The Petitioner states that her husband was kept incarcerated overnight at the Police
Station and was produced on the following day (12.10.2022) before the Magistrate under
Case No: B. 8585/22/1 and remanded further on the basis that he had allegedly
committed an offence under section 8 (1)(a) of the Assistance to and Protection of
Victims of Crime and Witness Act No: 04 of 2015 and therefore the Magistrate Court
does not have the jurisdiction to consider bail.
(A complete certified copy of the case record of Colombo Magistrate Court Case No: B.
8585/22/1 is annexed herewith marked as “ P5” and is pleaded as part and parcel of this
application)
8) The Petitioner states that her husband vehemently denies the above allegation and that the
Petitioner was present with her husband when an exchange of words took place after the
Magistrate Court trial on 10.10.2022 between her husband and the virtual-complainant,
and that no offence in terms of the provisions of the Assistance to and Protection of
Victims of Crime and Witness Act No: 04 of 2015 was committed by her husband.
concerning the heart ailment of the Petitioner‟s husband is annexed herewith marked as
“P 6” and is pleaded as part and parcel of this application)

husband on bail, considering that the following circumstances, which in its totality may
amount to “exceptional circumstances”:
the 1st suspect was aware that the 2nd suspect was hiding narcotics in his trouser
pocket.
b) The incarceration of the suspect who is a heart patient, may cause a danger to the
health of the suspect.
c) The suspect is the sole breadwinner of his family, and due to his incarceration, the

criminal cases.
11) The Petitioner states that the jurisdiction of Your Lordship’s Court has not been
previously invoked in respect of this matter.
Lordship’s Court, to tender such documents to Your Lordship’s Court, with notice to the
WHEREFORE the Petitioner prays that Your Lordship’s Court be pleased to:
b) Enlarge the husband of the Petitioner on Bail, on conditions that may be acceptable to
Y our Lordship’s Court,
c) Grant such other and further relief as may seem meet to Y our Lordship’s Court.

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INDUCTION HANDBOOK FOR

Woft Designs for layout and design of the handbook.

©USAID EEJ 2022

3. Civil Law Practice 08

a. Jurisdictions and Case Types 09

b. Court Processes and Practices 14

c. Drafting of Pleadings and Other Documents 22

4. Criminal Law Practice 26

a. Court Processes and Practices 27

b. Jurisdictions and Case Types 29

5. Legal Research Methodology and Practice 42

6. Alternative Dispute Resolution 50

7. Inclusive Justice: Aspects of Gender Equality and Social Inclusion 55

USAID's EEJ Activity is designed to equip the justice system in Sri

To this end, EEJ works with representatives of the judiciary, court

By collaborating with the Junior Bar Committee of the Bar

This handbook covers subject matter relating to professional ethics

The objectives of this induction handbook are:

To inspire and To provide key To communicate to

Persons with certain minimum standards of conduct,

Provides an essential service in society

Members of the legal profession voluntarily submit

As professionals, Attorneys-at-Law (AAL) are

Supreme Court Rules:

05 Induction Handbook for Junior Lawyers

Rule 7 The attire of women Attorneys-at-Law shall be:

06 Induction Handbook for Junior Lawyers

07 Induction Handbook for Junior Lawyers

THE STRUCTURE AND HIERARCHY OF CIVIL COURTS IN SRI LANKA

09 Induction Handbook for Junior Lawyers

How to determine the jurisdiction of your case

the land in respect of

10 Induction Handbook for Junior Lawyers

Special The procedure in relation to fundamental rights

11 Induction Handbook for Junior Lawyers

As regards the availability of the two remedies, the

12 Induction Handbook for Junior Lawyers

If notice issued If notice refused

Notices to the Respondents Matter ends

Statement of objections within four weeks from service of notice

Counter afﬁdavit if any by the Petitioner within four weeks from

13 Induction Handbook for Junior Lawyers

Handling a Client, Consultation, and Building As a person - always address your

Time - always be punctual, Other social aspects - such as

If the client wishes to discuss the matter in

15 Induction Handbook for Junior Lawyers

16 Induction Handbook for Junior Lawyers

Ensure that the professional fees are duly collected and

17 Induction Handbook for Junior Lawyers

Written Applications: Never approach the Bench. If you wish to hand

18 Induction Handbook for Junior Lawyers

proxy + plaint and documents + memorandum nominating legal representative +

Registry will issue a case number

Summons returnable date

Proxy + Answer of the Defendant According to Fiscal's According to Fiscal's

Written Admissions and Issues Summons Summons

19 Induction Handbook for Junior Lawyers

JUDGMENT AND DECREE

EXECUTION OF THE DECREE