Gotabhaya Rajapakse vs. Director General, Commission to Investigate Allegations of Bribery or Corruption and Others – sllr 2019 volume 2 page 536

In the case between Gotabhaya Rajapakse and the Director General, Commission to Investigate Allegations of Bribery or Corruption and Others, the court considered whether a prosecution under the Bribery Act could be entertained by the Magistrate’s Court in the absence of the mandatory written sanction by the Commission. It was determined that the absence of such sanction is a fatal jurisdictional defect, requiring written authorization under Section 78(1) of the Bribery Act before commencement of proceedings. This interpretation emphasized strict compliance with statutory mandates, drawing upon legislative history, discrepancies in the legislative texts, and established precedents. The proceedings before the Magistrate’s Court were quashed, but it was noted that the defect does not prevent