Dassanayake Mudiyanselage Deepal Pushpa Kumara v. Hon. Attorney General et al. – CA WRIT/291/2022-2022

In Dassanayake Mudiyanselage Deepal Pushpa Kumara v. Attorney General and Others, the court addressed whether a former employee, subsequently the Marketing Manager of Nimavin Developers Pvt. Ltd., could be held personally liable for criminal charges including fraud arising from the company’s failure to deliver housing projects. The petitioner sought writs of Certiorari under Article 140 of the Constitution to quash indictments, contending that his actions were within his employment role under a letter of authorization from the company’s sole Director. It was held that the decision to prosecute lies within the Attorney General’s discretion and that judicial review of such prosecutorial discretion is limited, only permissible where legal thresholds of bad faith or manifest unreasonableness a