Mohomed Imad Ibthisam Fakhir v. Hon. Attorney General and Others – CPA/60/2022-2022

In the case between Mohomed Imad Ibthisam Fakhir (Petitioner) and the Hon. Attorney General and others (Respondents), the court addressed the issue of whether the High Court of Gampaha’s order refusing to dismiss an indictment under the Prevention of Terrorism Act (PTA) should be set aside via revision. The challenge arose from the argument that the proscription of the relevant organization, as the basis for the indictment, postdated the period of alleged offenses, rendering the charges against the Petitioner without legal foundation due to non-retrospective application of the PTA. The court held that there were prima facie grounds warranting further judicial review, on the basis that the legality of the indictment presented sufficient matter for revisional intervention. This decision reaf