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 bench comprising Justice Menaka Wijesundera and Justice Neil Iddawalaannounced that the order on whether bail would be granted or not to Hejaaz Hizbullah will be delivered on Monday (7).
Meanwhile, Additional Solicitor General Rohantha Abeysuriya appearing for Attorney General informed the Court of Appeal that the prosecution will consent to release Attorney-at-law Hejaaz Hizbullah on bail.
This application was called before Court of Appeal through a motion subsequent to the Puttlalam High Court’s decision to refuse bail for Hejaaz Hizbullah on January 28.
President’s Counsel Romesh de Silva appearing for Hizbullah contended that 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 a suspect 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 said Court of Appeal has discretionary power to grant bail taking into account the circumstances of the case.
On January 28, an application made by thedefence requesting to release Attorney-at-law Hejaaz Hizbullah on bail was rejected by Puttalam High Court.
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 Hizbullahseeking 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.
