Attorney General of the Democratic Socialist Republic of Sri Lanka v. Susil Dammika Somasundara – CASE NO. 87/2015-2018

In the case between the Attorney General of the Democratic Socialist Republic of Sri Lanka and Susil Dammika Somasundara, the court addressed the legality of suspending a sentence of five years’ rigorous imprisonment for criminal breach of trust under Section 391 of the Penal Code, in light of constraints imposed by Section 303(2) of the Code of Criminal Procedure. It was held that suspension of a sentence exceeding two years’ imprisonment is not permitted by law. The previous suspension order was set aside, and a new sentence was imposed that reflected statutory requirements and the seriousness of breach of trust by a public servant. Reliance was placed on relevant statutory provisions including Article 145 of the Constitution and established case law, underscoring the principle that sent