Mohamed Shifas Sathar Vs The Officer-in-charge and Others – BAIL/36/2022-2023

Brief
In the case between Mohamed Shifas Sathar (petitioner) and the Officer-in-Charge, Colombo Crimes Division, Director of Colombo Crimes Division, and the Attorney General’s Department (respondents), the court addressed the issue of whether the petitioner, held in remand custody for over three years without being charged under the Prevention of Terrorism (Temporary Provisions) Act, should be granted bail. It was determined that prolonged pretrial detention constitutes extreme hardship and infringes on the constitutional right to personal liberty under Article 13 of the Constitution. The holding reaffirmed that, pursuant to Section 15B of the Prevention of Terrorism (Temporary Provisions) (Amendment) Act, the Court of Appeal possesses jurisdiction to grant bail in cases of prolonged dete