Lakshman Ananda Wijemanne v. Officer-in-Charge, Special Crime Investigation Bureau – CA PHC 161/2016-2022

In the case between Lakshman Ananda Wijemanne (5th Accused/Appellant) and the Officer-in-Charge, Special Crime Investigation Bureau, with the Hon. Attorney General as Respondent, the key issue concerned the propriety of adding the appellant as an accused and framing charges under Sections 389 and 403 of the Penal Code. The court determined that both the Magistrate and the High Court failed to observe necessary procedural safeguards, as insufficient investigative material existed to justify the appellant’s addition as an accused. The findings emphasized that procedural due process requires clear investigative material linking an accused to an offence before a charge is framed, referencing key principles from Victor Ivan v. Sarath Silva and Abdul Sameem v. Bribery Commission. The order refus

REF: CA PHC 161/2016-2022 Category: Tag:
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