Victor Ivon v. Sarath, N., Silva, Attorney General and Others – sllr 1998 volume 1 page 340

The case between Victor Ivon (petitioner) and Sarath N. Silva, Attorney-General and another (respondents), addressed the reviewability of the Attorney-General’s discretionary power to file indictments for criminal defamation in the context of constitutional rights, particularly freedom of speech and expression. It was determined that while the Attorney-General’s decision to grant or refuse sanction to prosecute is a broad discretionary power, this power must be exercised within constitutional boundaries and is subject to judicial scrutiny where an infringement of fundamental rights under Article 126 is alleged. Examining statutory provisions and the sufficiency of prima facie evidence, the findings established that the case presented did not warrant judicial intervention or review of the p