Pothunaduge Winston Alfred Kanthilal Silva v. The Attorney General Commission to Investigate Allegations of Bribery or Corruption – CA PHC APN. APPLICATION NO. 105/06-2012

In the case between Pothunaduge Winston Alfred Kanthilal Silva (Accused-Petitioner) and The Attorney General, Commission to Investigate Allegations of Bribery or Corruption (Complainant-Respondent), the court addressed whether the indictment filed against the Accused-Petitioner had been validly instituted in compliance with the requirements of Section 23A(4) of the Bribery (Amendment) Act No. 10 of 1958. It was determined that the Bribery Commission failed to provide the Accused-Petitioner a reasonable opportunity to show cause prior to indictment, as statutorily mandated, and the High Court’s rejection of the preliminary objection to the indictment was held to be erroneous. The holding reaffirmed the principle that strict compliance with statutory preconditions is essential before any ind