SC refused to issue stay order on AG’s application

Over accused arrested for Easter Sunday bomb attacks

By T. Farook Thajudeen  

 Supreme Court refused to issue stay orders in favour of the Attorney General staying proceedings on two bail Application against two accused who are presently in remand over the Easter Sunday bomb attacks.  

Supreme Court Judges, Justices P.Padman Surasena, S.Thurairaja PC and Arjuna Obeysekera issued this order refusing to issue stay orders on the Court of Appeal from granting bail to two accused who had been refused bail from Colombo High Court Trial at Bar.  The suspects 60 year old Rasheed Ibrahim who has been in remand for 4 years and 6 months is presently ailing from multiple health complications and 18 year-old Ahkam Akram who has been in remand for 4 years and 2 months, pending trial.  

The Court of Appeal had overruled the AG’s objection against granting bail to the accused contending that once the accused are indicted in the trial at bar case the AG’s consent is required to grant bail to the suspects under provisions of the PTA  Act and the Code of Criminal Procedure Act.  

The Appeal Court had held that it had jurisdiction to consider the application for bail under section 15 B of the amended PTA No 12 of 2022, if the trial had not commenced at the expiry of 12months from the date of arrest, irrespective of whether the suspect has been indicted or not. 

 
 The Court of Appeal also over-ruled the AG’s objection that the applicants had exhausted the remedy when the HC trial at bar refused bail and held that the accused entitlement to come before the Court of Appeal under section 15 B will not be curtailed, if trial had not commenced within 12 months of arrest. M. M. Zuhair PC with Rizwan Uvais Attorney at Law appeared for the two accused. Additional Solicitor General Harippriya Jayasundara with Shakthi Jagodaaraachchi, State Counsel and Sajith Bandara, State Counsel appeared for the AG.