History Section

HISTORY OF THE HIGH COURT HOMAGAMA

The Judicature Act No. 02 of 1978 has played a crucial role in enabling the exercise of criminal jurisdiction in the Constitution of Sri Lanka. The appointment of High Court Judges by the President of Sri Lanka, as provided for in Article 111 (2) of the Constitution, led to the introduction of the term "High Court Judge" under Section 4 of the Judicature Act. Furthermore, Section 17 of the said Act empowers the Chief Justice to nominate and assign High Court Judges to specific areas.

Today, the Homagama High Court serves as a vital judicial institution within the Western Province, exercising its original criminal, appellate, and revisionary jurisdictions to ensure justice within the Homagama Judicial Zone.

Homagama High Court

Homagama High Court

Western Province

Constitutional Foundation

Judicature Act No. 02 of 1978

  • Enabled the exercise of criminal jurisdiction and formalized the statutory framework for the appointment and assignment of High Court Judges in Sri Lanka under Sections 4 and 17.

1987 – Eleventh Amendment

  • Significant structural reforms were introduced to the High Court of Sri Lanka, removing its designation strictly as a "court of first instance" and granting it broader powers.
  • Article 111(1) of the Constitution was amended to establish that the High Court of Sri Lanka shall exercise such jurisdiction and powers as may be conferred or prescribed by Parliament by law.
  • While Article 105(1)(c) continued to describe it among the courts of first instance, the Eleventh Amendment effectively paved the way for the High Court to exercise both original and appellate jurisdictions.

1987 – Thirteenth Amendment

  • Introduced Article 154P into the Constitution, creating a Provincial High Court for each province to decentralize judicial administration.
  • Empowered the Chief Justice under Article 154P(2) to nominate High Court judges to serve in Provincial High Courts with original criminal, appellate, and writ jurisdiction.
  • This jurisdiction was further reinforced and expanded through supplementary legislation, including the Provincial High Courts (Special Provisions) Act No. 19 of 1990.

2017 – Establishment of Judicial Zones

Under Section 03 of the Judicature Act No. 02 of 1978, an order was published in the Extraordinary Gazette of the Democratic Socialist Republic of Sri Lanka No. 2021 / 29 (2017.05.31) defining jurisdictions and creating Judicial Zones 33 to 34. Through this gazette notification, the Homagama High Court was formally established as a dedicated Judicial District.

2011 to 2017 – New Court Complex

  • 24 August 2011: Official approval was granted for the construction of a modern court complex in Homagama.
  • 04 January 2017: The newly constructed four-story Homagama Court Complex was officially commissioned and opened, with the High Court established on the second floor.
  • 03 July 2017: Hon. High Court Judge Amal Thilakaratne was appointed and assumed duties as the first High Court Judge of the Homagama High Court.

Present Operations

The Homagama High Court continues to operate as an indispensable component of the Western Province High Court system, hearing serious indictable criminal offenses, exercising appellate review, and upholding the rule of law across the judicial zone.