FAKHIR

VS.

ATTORNEY GENERAL

COURT OF APPEAL
OBEYESEKERE, J. (PICA)
COREA, J.
CA/WRIT/74/2021
MARCH 10, 2021

Writ of certiorari-Code of Criminal Procedure Act, No. 15 of 1979, section 393-Prevention of Terrorism (Temporary Provisions) Act, No. 48 of 1979, section 2(1)(h), 5(1)(a), 16(1)(a), 17-Evidence Ordinance, section 24-Prosecutorial discretion-Reasonableness

The petitioner and his wife were arrested by the Terrorism Investigation Division (TID) on suspicion of aiding and abetting the terrorist attacks on 21st April 2019. Both were detained at the TID for three months. Thereafter, the petitioner was produced before the Colombo Magistrate's Court and was remanded.

Upon completion of investigations, the Attorney General filed an indictment against the petitioner in the High Court of Gampaha. The petitioner preferred this application seeking a writ of certiorari to quash the decision to file an indictment against him.

Held :

1. While the Attorney General has the discretion to institute criminal proceedings, judicial review is available in respect of prosecutorial discretion in order to prevent any abuse by the prosecuting authorities.

2. The decision