Loganadan Diwiyanath vs The Officer in Charge, Police Station, Bandarawela – CA BAL/16/21-2022

In Officer in Charge, Police Station, Bandarawela v. Weerappan Loganadan and others, the court examined whether the continued remand of the suspect, Weerappan Loganadan, for allegedly threatening a witness after conclusion of the related public nuisance case, was legally justified. It was held that prolonged detention following the conclusion of the primary case and without the serving of an indictment was unwarranted, thereby affirming the principle that detention pending investigation or trial must not be punitive and exceptional circumstances may justify bail. Reference was made to Section 10(1)(a) of the Assistance to and Protection of Victims of Crime and Witnesses Act No. 4 of 2015 and relevant constitutional protections of personal liberty, reinforcing that remand purely to prevent

REF: CA BAL/16/21-2022 Category: Tag:
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