Owatta Gunapala Wasantha Kumara vs Officer-in-Charge, Unit 3, Terrorist Investigation Division – CA184/2012-2012

In the case between Owatta Gunapala Wasantha Kumara (Petitioner) and Officer-in-Charge, Unit 3, Terrorist Investigation Division and others (Respondents), the court addressed whether the bail application filed on behalf of the petitioner should proceed after the counsel moved for its unconditional withdrawal. The court determined that the unconditional withdrawal by counsel warranted dismissal of the application. The principle affirmed is that a party is entitled to withdraw an application unconditionally, and upon such motion, the application is duly dismissed without further adjudication on merits. The decision reiterates that procedural autonomy in withdrawal motions is recognized, subject to court’s formal order.

W.L.R. Silva J. — It was established that counsel for the Appellant mov