The divided judgment in the Amarakeerthi Athukorala murder case has raised key legal questions about how multi judge benches function and how majority decisions shape Sri Lanka’s judicial system.
What is a Split Verdict?
The Gampaha High Court delivered its verdict in the Amarakeerthi Athukorala murder case on February 11 as a split decision. A split verdict, also known as a divided judgment, occurs when judges on a multi member bench do not agree on the same conclusion.
Advocate Kusal Kavinda Amarasinghe, Lecturer at the Faculty of Law, University of Colombo, explains that in such situations the majority opinion becomes the final judgment of the court. If two judges agree and one dissents in a three judge bench, the majority ruling prevails as the binding decision.
When Are Multi Judge Benches Appointed?
In Sri Lanka, Magistrate’s Courts and District Courts are typically presided over by a single judge. High Court cases are also usually heard by one judge. However, under Section 12(2) of the Judiciary Act No. 02 of 1978, the Chief Justice may appoint a three judge High Court Bench in special cases, often upon a request from the Attorney General.
According to Section 12(3), appeals from such three judge High Court decisions go directly to the Supreme Court, bypassing the Court of Appeal. This framework is established under the Constitution and the Judiciary Act.
At the Supreme Court level, benches normally consist of three judges. In important constitutional or fundamental rights matters, the Chief Justice may appoint larger benches of five, seven, nine or eleven judges. In all these instances, divided judgments are legally possible.
Unique Cases of Divided Decisions
Split decisions are not rare in major constitutional cases. The Supreme Court ruling on the 13th Amendment was delivered by a nine judge bench and resulted in a divided judgment. The fundamental rights petition regarding national identity cards for bhikkhunis was also decided through a split ruling.
By contrast, the 2024 fundamental rights petition on the economic crisis was heard by a five judge bench and delivered as a unanimous decision.
What is an Overruled Decision?
A Supreme Court judgment creates binding precedent, meaning lower courts must follow it. However, a later Supreme Court bench may change that precedent. This is known as an overrule.
If the original decision was delivered by a bench larger than three judges, any attempt to overturn it must be made by a bench with more judges than the original one. This long standing judicial tradition preserves stability within Sri Lanka’s legal system.
