The order regarding a bail application filed on behalf of Attorney-at-law Hejaaz Hizbullah was today reserved for February 7 by the Court of Appeal.
The Court of Appeal two-judge-bench comprising Justice Menaka Wijesundera and Justice Neil Iddawala announced that the order on whether bail would be granted or not to Hejaaz Hizbullah will be delivered next Monday (7).
Meanwhile, Additional Solicitor General Rohantha Abeysuriya appearing for Attorney General informed the Court of Appeal that the prosecution is not objecting to release Attorney-at-law Hejaaz Hizbullah on bail.
This application was called before the Court of Appeal through a motion after the Puttalam High Court decides to refuse bail for Hejaaz Hizbullah on January 28.
President's Counsel Romesh de Silva appearing for Hizbullah contended that the Court of Appeal has Inherent jurisdiction to grant bail on an accused.
Mr.Silva argued that section 15 (2) of the Prevention of Terrorism Act is not an obstacle to release Hizbullah on bail since it is not a mandatory provision but a directory provision of the law.
He said his client is being held in custody unreasonably for about two years and further said the Court of Appeal has discretionary power to grant bail taking into account the circumstances of the case.
On January 28, an application made by the defence requesting to release Attorney-at-law Hejaaz Hizbullah on bail was rejected by Puttalam High Court.
The High Court Judge Kumari Abeyrathne refused to grant bail citing that she has no jurisdiction to grant bail under the Prevention of Terrorism Act.
This revision application had been filed on behalf of Attorney-at-law Hejaaz Hizbullah seeking an order to release him on bail.
An indictment under the Prevention of Terrorism Act and the International Covenant on Civil and Political Rights (ICCPR) Act has now been served on Hejaaz Hizbullah. According to the indictment, Hizbullah is accused of making certain statements to students in contravention of these laws.
Hizbullah is charged under the Prevention of Terrorism Act. He was arrested in April 2020.
Romesh de Silva PC with Niran Anketell and Shanaka Cooray instructed by Sanath Wijewardena appeared for Hejaaz Hizbullah
Additional Solicitor General Rohantha Abeysuriya PC with Senior State Counsel Lakmini Girihagama represented the Attorney General. (Lakmal Sooriyagoda)
