Maldeniyage Don Upali Gunaratne vs Commission to Investigate Bribery or Corruption – CPA/77/2022-2021

In Commission to Investigate Bribery or Corruption v. Maldeniyage Don Upali Gunaratne Perera, Sudeera Parakrama Jinadasa, et al., the court considered whether the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) may lawfully retain officers from the Attorney General’s Department to conduct prosecutions under the CIABOC Act. It was held that the Commission possesses absolute discretion to decide the appropriate prosecutorial representation, including engaging the Attorney General’s Department, provided such action is undertaken under the Commission’s authority. The decision reaffirmed the statutory principle embedded in Sections 11, 13, and 24 of the CIABOC Act and invoked precedent such as Land Reform Commission v. Grand Central Limited, underscoring that challenges