S. Sumudu Sayakkara vs Hon. Attorney General – CA PHC. APN. O5/2014-2014

In the case between S. Sumudu Sayakkara (Surety – Petitioner) and the Hon. Attorney General (Respondent), the court considered the validity of a confiscation order issued by the High Court Judge against the Petitioner as surety under a bail bond. The central legal issue involved whether the Petitioner had been afforded an opportunity to show cause prior to the making of the confiscation order, as required by law. It was established that the Petitioner was not provided with such an opportunity, a fact conceded by the Respondent. Relying on fundamental principles of natural justice and due process, the previous order of confiscation was set aside, and the matter was remitted for an inquiry to ensure the Petitioner could be heard. The application was allowed, reaffirming the necessity for pro