Rizwan Uwais Vs Sudasinghe Sub-Inspector of Police, Counter Terrorism & Investigation Division and others – CA BAIL/0132/23-2023

Brief
In the case of Rizwan Uwais (Petitioner) v. Officer-in-Charge, Criminal Investigation Department, and Others (Respondents), the court addressed whether the Court of Appeal retains original jurisdiction to grant bail under Article 138(2) of the Constitution and Section 15B of the Prevention of Terrorism (Temporary Provisions) (Amendment) Act No.12 of 2022 after an indictment is served by the High Court. It was held that the commencement of “trial”—not the service of the indictment—is determinative for the transfer of jurisdiction on bail matters, thereby preserving the right to seek bail from the Court of Appeal until the formal commencement of trial. The interpretation drew upon principles of statutory construction and legislative intent, emphasizing clarity on the division of bail j