Mohamed Ansardeen Ahamed Athhar v. Mr. Manjula et al – CA BAL/43/2022-2022

In the case between Mohamed Ansardeen Ahamed Athhar (petitioner/suspect) and the Sub Inspector of Police, Welamboda Police Station, with other police and State officials as respondents, the Court examined whether continued detention under the Prevention of Terrorism (Temporary Provisions) Act (PTA) was warranted, given the failure to file an indictment or commence trial within the statutory period prescribed by Section 15B of the amended PTA (Act No. 12 of 2022). The Court determined that further incarceration was not justified after more than three years without prosecution. It was held that bail must be considered in such circumstances, reaffirming the principle that the right to liberty must not be infringed by unreasonable or unexplained pretrial delays. The decision relied on the amen