Hewa Thanthrige Chathushi Jayadri v The Hon. Attorney General and Others – CA CPA/061/2021-2021

In the case between Hewa Thanthrige Chathushi Jayadri and others versus the Hon. Attorney General and others, the court addressed the question of whether the High Court’s grant of bail to the 31st suspect should be set aside through revisionary jurisdiction, in light of arguments that the B report failed to contain independent, admissible evidence apart from the suspect’s own inadmissible statement. The findings established that material evidence justifying remand is mandatory under Section 115(1) of the Criminal Procedure Code, and the absence of such evidence precludes continued remand or bail refusal. The holding reaffirmed that orders must be based on admissible and independent evidence, and that due process protections under criminal procedure statutes cannot be relaxed, even in narco