CHANDANA KUMARA

Vs.

AIR VICE MARSHAL, SRI LANKA AIR FORCE AND OTHERS

COURT OF APPEAL
SAMAYAWARDHENA, J.
CA/WRIT/333/2015
FEBRUARY 14, MARCH 4, 2020

Writ of certiorari-Court Martial-Conviction for murder under section 296 of the Penal Code read with section 131(2) of the Air Force Act, No. 41 of 1949-Air Force Court Martial (General and District) Regulations 1952- Life imprisonment-Failure of every member of the Court Martial to give their opinion as to the finding-Failure to give reasons for the finding-Violation of natural justice-Applicability of the Evidence Ordinance in Court Martial proceedings-Court Martial and trial by jury-Judicial review of correctness as opposed to legality of the decision-Equal protection of the law

The petitioner was an aircraftman of the volunteer force of the Sri Lanka Air Force when he was convicted of murder by a General Court Martial under section 296 of the Penal Code read with section 131(2) of the Air Force Act. and sentenced to life imprisonment. The petitioner filed this application seeking to quash the said conviction and sentence by way of a writ of certiorari on three grounds: (a) the Court Martial had no jurisd