Nidhu Manohar David Vs. Hon. Attorney General and others – CA WRIT/265/2014-2016

The case between Nidhu Manohar David (Petitioner) and the Hon. Attorney General, N.K. Illangakoon (Inspector General of Police), Mr. Hemal Prasantha (OIC, Police Station, Matara), among others (Respondents), addressed whether a writ of mandamus should issue compelling law enforcement authorities to investigate and institute criminal prosecutions concerning alleged attacks against Jehovah’s Witnesses. It was held that mandamus may only be granted to compel the performance of duties that are purely ministerial, not those involving discretion, thereby reaffirming that police decisions regarding investigation and prosecution—being discretionary—are not subject to compulsion by writ. The decision relied on established constitutional and judicial principles distinguishing compellable ministerial

REF: CA WRIT/265/2014-2016 Category: Tag:
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