Took Appulage Dilan Randika v. Officer In Charge and The Attorney General – CA/BAIL NO. 10/2016-2017

In Took Appulage Dilan Randika v. Officer In Charge, Police Station Peliyagoda & Attorney General, the court examined the lawfulness of remanding the petitioner under Sections 8 and 9 of the Assistance to and Protection of Victims of Crime and Witness Act, No. 4 of 2015, when allegations arose that bail conditions were breached by threatening a witness. It was held that the proper procedure in such circumstances requires cancellation of bail under ordinary criminal procedure, rather than remanding pursuant to Act No. 4 of 2015. The legal analysis reaffirmed that the Magistrate must scrutinize whether the statutory provisions are invoked properly and that any abuse by law enforcement should be prevented. Reliance was placed on the interaction between general bail laws and special statutory