Nithyananthan and Others v. Attorney General – sllr 1983 volume 2 page 251

In Nithyananthan and Others v. Attorney‑General, the court addressed whether the Court of Appeal has jurisdiction to grant bail pending trial to persons charged under the Prevention of Terrorism (Temporary Provisions) Act, given statutory barriers preventing original courts from granting bail in such matters. It was held that, due to these statutory prohibitions, appellate powers under Section 404 of the Code of Criminal Procedure Act cannot be exercised to grant bail in cases governed by the Prevention of Terrorism Act. This determination was reached by interpreting Section 2A of the Criminal Procedure (Special Provisions) Act, Section 19 of the Prevention of Terrorism Act, and related statutes. Previous case law was relied upon to confirm the absence of jurisdiction. Ultimately, all appl