Korale Gedara Gunathilaka vs. The Director General, The Commission to Investigate Allegations of Bribery or Corruption – HCB 53/2020-2023

In the case between the witness petitioner (currently at Remand Prison) and the Director General of the Commission to Investigate Allegations of Bribery or Corruption, the court addressed the issue of whether the remand of a key witness for allegedly giving false evidence in the absence of an indictment was legally justified, and whether bail could be granted in such circumstances. It was held that the remanding of the petitioner prior to the filing of an indictment was not warranted, as the jurisdiction to grant bail under section 14 of the Commission Act arises only after a charge or indictment has been preferred. The principle reaffirmed is that custodial remand and exceptional bail jurisdiction are contingent upon the existence of a formal charge or indictment. This decision relied on