Kandiah Yoganathan vs Hon. Attorney General – CA PHC APN/0062/2017-2024

In Kandiah Yoganathan (Accused-Petitioner) v. Hon. Attorney General, the court addressed the admissibility of a confessional statement under Section 16 of the Prevention of Terrorism Act (PTA), focusing on alleged procedural deficiencies in the recording process. It was determined that the statement, recorded with translation errors and without strict compliance with statutory provisions governing language and procedural safeguards (including Sections 16 of the PTA, 24 of the Evidence Ordinance, and 109 of the Code of Criminal Procedure), failed to meet the necessary evidentiary standards. This decision reaffirmed the principle that strict adherence to statutory procedures is required for the admissibility of confessions, especially where voluntariness and comprehension are in question. Th