Dukgannarala Mudiyanselage Sanjeevani Vinoja Kumari v. Officer In Charge, Crimes Investigation Section, Police Station, Gampaha – CA PHC APN 91/2015-2016

In Dukgannarala Mudiyanselage Sanjeevani Vinoja Kumari v. Officer in Charge, Crimes Investigation Section, Police Station, Gampaha, and others, the court considered whether a mother had locus standi to move for bail on behalf of her son, the 3rd suspect, based on her own hardship. The application raised the question of whether a revisionary process may introduce new grounds not presented at first instance. It was held that the petitioner could not maintain such an application as locus standi refers to the right of a party directly affected by the proceedings. The principle reaffirmed was that only a party whose rights or liberty are at stake in the context of the prosecution may move for bail, and revisionary jurisdiction cannot be used to introduce material not previously before the High