Divinia Nilushini Mannam Mugandan vs. OIC Counter Terrorism and Investigation Division – CA BAIL 21/2022-2022

In the case between Divinia Nilushini Mannam Mugandan (Suspect–Petitioner) and the OIC, Counter Terrorism and Investigation Division, the IGP, and the Attorney General (Complainant/Respondents), the issue concerned entitlement to bail under Section 15B of the Prevention of Terrorism Act No. 49 of 1979, as amended, in view of a delay exceeding twelve months before trial commencement. It was held that bail was warranted since the suspect had been detained for over a year without a trial being initiated, reaffirming that statutory safeguards under Section 15B serve as a protection against undue delay in the commencement of proceedings. The decision referenced the amended PTA and highlighted the State Counsel’s lack of objection due to Attorney General policy, underscoring that procedural guar