Subeya Hakuru Susilrathne vs Commission to Investigate Allegations of Bribery or Corruption – SC APPEAL 10/2024-2024

In the case between The Commission to Investigate Allegations of Bribery or Corruption (including its Director General and the Attorney General’s Department) and Subeya Hakuru Susilrathne, the Supreme Court addressed whether a prior discharge from prosecution under a previous indictment barred a second prosecution under the ICCPR Act on similar charges. The holding established that such a discharge, distinct from an acquittal, does not preclude a subsequent prosecution. The Court reaffirmed the principle that protection against double jeopardy under Section 4(3) of the ICCPR Act and Article 14(7) of the International Covenant on Civil and Political Rights is limited to final convictions or acquittals, not mere procedural discharges. Reliance was placed on the statutory framework of the ICC