GOTABHAYA RAJAPAKSE

Vs.

ATTORNEY GENERAL AND OTHERS

COURT OF APPEAL
WENGAPPULI, J.
OBEYSEKERE, J.
CA/PHC/25/2019
HC COLOMBO HC/PTB/02/2018
JUNE 7 AND 14, 2019

Revision-Appellate jurisdiction over the Permanent High Court at Bar- Judicature (Amendment) Act No. 9 of 2018, sections 12A(1)(a), 128(1)-Article 138 of the Constitution

The petitioner was indicted before the Permanent High Court at Bar established under section 12A(1)(a) of the Judicature (Amendment) Act No. 9 of 2018. He raised a jurisdictional objection in the first instance and the Permanent High Court at Bar overruled the said objection. The petitioner filed a revision application before the Court of Appeal seeking to revise the said order and interim relief. The respondent raised a preliminary objection stating that the Court of Appeal cannot exercise appellate jurisdiction including in revision in respect of decisions of the Permanent High Court at Bar, as the appellate jurisdiction has been vested with the Supreme Court.

Held:

1. The term 'High Court' in Article 138 appears to not include the High Court of the Provinces established under Article 154P when it exercises original