Mohamed Imad Ibthisam Fakhir v. The Attorney General of Sri Lanka – CA CPA/0060/22-2021

In the case between the Petitioner and Respondents, including the Honourable Attorney General and officials of the Terrorism Investigation Division, the main issue concerned the validity of an indictment under the Prevention of Terrorism (Temporary Provisions) Act, specifically relating to allegations against the petitioner for failing to report activities associated with ISIS, which was not a proscribed organization at the relevant time. It was held that the indictment was properly framed and not rendered invalid by the timing of the gazetting of proscribed organizations. The principle that prosecutorial discretion under the relevant Act is not affected by subsequent gazetting was reaffirmed. The decision relied on the interpretation of statutory provisions and emphasized that no positive