Jayantha Jayasuriya, PC.CJ

The Attorney-General invoked the jurisdiction of this Court and impugned the Order of the Court of Appeal dated 02.12.2021. The Petitioner-Respondent (hereinafter referred to as “the 1 ^st Accused-Respondent” or “the Respondent”) stands indicted with two others in the High Court of Colombo and the trial is in progress. Two hundred and thirty counts in the indictment are framed under the Prevention of Terrorism (Temporary Provisions) Act No. 48 of 1979 as amended and Emergency Regulations promulgated under the Public Security Ordinance. Offences in the indictment include the conspiracy to commit the murder of a specified person – the army commander, aiding and abetting to commit attempted murder of the army commander and series of offences of murder, attempted murder, causing injury by a bomb attack that were committed in the course of the same transaction of the offence of conspiracy and abetment to commit attempted murder of the army commander.

One of the main items of evidence against the 1^st Accused-Respondent is a purported statement he has made to a Superintendent of Police (SP) in the course of investigation. The 1^st Accused- Respondent was in custody