Mohamed Imad Ibthisam Fakhir v Hon. Attorney General – CA WRIT APPLICATION NO: 74/2021-2021

In the case between Mohamed Imad Ibthisam Fakhir (Petitioner) and the Hon. Attorney General of Sri Lanka (Respondent), the court addressed the issue of whether the Attorney General’s decision to indict the Petitioner under the Prevention of Terrorism (Temporary Provisions) Act No. 48 of 1979, based on a disputed confession, was legally sustainable and subject to review under writ jurisdiction pursuant to Article 140 of the Constitution. The court held that prosecutorial discretion is reviewable only in limited and exceptional circumstances, such as clear abuse, dishonesty, or mala fides, reaffirming the principle that judicial restraint should be exercised in reviewing decisions related to prosecution. This decision relied on established domestic and comparative case law, emphasizing that