The Application of Nuwan De Silva vs. The Attorney General – CA APPLICATION NO: PHC/APN/174/17-2005

In Attorney General (representing the Republic of Sri Lanka) v. Selvarasa Kirubakaran, the court addressed whether a confession made by the accused–petitioner under Section 16(1) of the Prevention of Terrorism Act (PTA) satisfied the requirements of voluntariness as stipulated by Section 24 of the Evidence Ordinance. The court determined that the confession, admitted by the High Court as voluntary, was rendered unreliable due to procedural irregularities and lack of independent translation during its recording, creating reasonable doubt as to voluntariness. The principle reaffirmed is that confessions, to be admissible, must satisfy strict voluntariness standards, especially under statutes with enhanced police powers. Reliance was placed on legal standards articulated in relevant precedent