Hikkaduwa Widhanaralage Don Chamal Niroshan v. Officer in Charge, Police Station, Hikkaduwa & Hon. Attorney General – CA BAL 39/20-2021

In the case between Hikkaduwa Widhanaralage Don Chamal Niroshan (petitioner) and the Officer in Charge, Police Station, Hikkaduwa and the Hon. Attorney General (respondents), the court addressed the issue of whether exceptional circumstances existed to warrant the grant of bail under Section 10(1)(a) of the Assistance to and Protection of Victims of Crimes and Witnesses Act, No. 4 of 2015, where the petitioner was charged with offences involving threats and harm to a crime victim or witness. It was held that prolonged pre-trial remand due to unexplained legal delays amounted to exceptional circumstances, justifying the release of the petitioner on bail with stringent conditions. The decision reaffirmed the principle that “exceptional circumstances” are context-dependent and that personal o