News
Bail bid of Easter Sunday suspects: Supreme Court holds with AG to stay CA proceedings
View(s):By Ranjith Padmasiri
The Supreme Court on Wednesday granted leave to proceed in relation to the Attorney General’s petition against a Court of Appeal interim order regarding bail applications filed by two accused in the Easter Sunday Trial-at-Bar.
The two accused, Rasheed Mohommad Ibrahim and Mohamed Akram Ahakkam had filed the bail applications through their lawyers before the Court of Appeal on February 21 this year. The applications before the CA were heard by Justices P. Kumaratnam and Sampath Abeykoon, and the preliminary objections taken up by the State were overruled on June 16.
In his Special Leave to Appeal application filed in the Supreme Court, the AG said the power of the Court of Appeal to consider bail in respect of a suspect under Section 15B of the Prevention of Terrorism (Temporary) Provisions Act, No. 48 of 1979, is nullified by Section 450 of the Code of Criminal Procedure Act when the accused are tried before a Trial-at-Bar constituted by the Chief Justice on the request of the AG considering the public importance of a matter.
The AG also argued that the Accused-Respondents were barred from invoking the jurisdiction of the Court of Appeal as they have already invoked the bail jurisdiction of the Trial at Bar.
The Respondents argued that under Article 128 of the Constitution, the AG could not have come before the SC seeking Special Leave to Appeal as the order of the CA does not amount to a final order. They further contended the Court of Appeal has provided adequate and rational reasons in overruling the preliminary objections of the State.
Having heard both parties, the SC granted Special Leave to Appeal on the grounds urged by the AG, and deemed it fit to grant the interim relief sought by the AG to stay the proceedings of the Court of Appeal until the hearing of this matter.
The Supreme Court fixed the case for argument on September 14.
The Respondents were represented by President’s Counsel M.M. Zuhair and Attorney-at-Law Rizwan Uwaiz while the AG was represented by Additional Solicitor General Harippriya Jayasundara, assisted by State Counsel Akila Dalpathadu, Shakthi Jagodaarachchi and Sajith Bandara.
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