Senarathge Lakshman Cooray vs. Hon. Attorney General – CA WRIT 425/2023-2024

In the case between Senarathge Lakshman Cooray (Petitioner) and the Hon. Attorney General (Respondent), the court addressed the issue of whether the Attorney General’s discretion in filing indictments—especially when based on a confession previously rejected by another court and related evidence—could be subjected to judicial review. It was held that such prosecutorial discretion is reviewable only in exceptional circumstances, such as where mala fides or improper motives are demonstrable. The court reaffirmed the principle that judicial intervention in prosecutorial decisions must be exercised with caution, referencing precedents and statutory provisions under the Prevention of Terrorism Act and the Criminal Procedure Code. Emphasis was placed on requiring clear evidence of abuse of proce