Saroja Govindasamy Naganathan alias Maharachchige Sarojani Perera vs Hon. Attorney General – CA WRIT/424/21-2021

In the case between Saroja Govindasamy Naganathan alias Maharachchige Sarojani Perera and others (Petitioners) and Hon. Attorney General and Wasantha Kumara Jayadewa Karannagoda (Respondents), the court addressed the issue of whether the Attorney General’s decision to withdraw an indictment against the 2nd Respondent concerning allegations of abductions and detentions was subject to judicial review. It was determined that the decision was not amenable to review in the absence of evidence demonstrating exceptional circumstances, such as bad faith, manifest irrationality, illegality, or political motivation. The holding reaffirmed the principle that prosecutorial discretion is ordinarily not justiciable unless clear grounds for intervention are established. Reliance was placed on established