H. H. Rupika Sanjeewani Dharmadasa vs The Attorney General – CPA/132/2023-2024

In the case between H. H. Rupika Sanjeewani Dharmadasa (petitioner on behalf of Rajapakse Gedara Ravindu Ratnayake, accused-respondent) and the High Court of Kandy with the Attorney General’s Department as respondent parties, the issue addressed was the legality and propriety of the remand order and bail cancellation issued by the High Court. It was held that the remand order failed to comply with the mandatory provisions of the Bail Act and that section 263 of the Code of Criminal Procedure did not govern the High Court’s discretion in bail matters. The principle reaffirmed was that the Bail Act prevails in questions of bail, requiring strict adherence to its process for any cancellation of bail or remand decisions. The decision relied on the interpretation of sections 14 and 27 of the Ba