Thennakoon Mudiyanselage Janaka Bandara Thennakoon Vs. Hon. Attorney General and others – CA WRIT 335/2016-2016

In the case between Thennakoon Mudiyanselage Janaka Bandara Thennakoon, Member of Parliament, Dambulla (Petitioner), and the Hon. Attorney General, Sri Lanka, along with the Officer-in-Charge, Special Investigation Unit, CID, and the Director, Criminal Investigation Department (Respondents), the court addressed whether the Attorney General’s decision to indict the Petitioner in the High Court of Kandy (HC 81/2016) and related Magistrate’s Court proceedings should be quashed via certiorari due to procedural flaws and jurisdictional errors. It was held that the Attorney General’s prosecutorial discretion is subject to judicial review where foundational procedural safeguards or jurisdictional prerequisites are absent or compromised. The findings reaffirmed that committal and indictment requir