News
SC sees need to educate magistrates on bail norms
View(s):The Supreme Court has noted the “compelling need” for magistrates to be educated on the need to take “judicious decisions—without functioning in a perfunctory manner—with regard to applications by the police to place suspects in remand custody.”
In a judgment delivered regarding a fundamental rights petition filed by two villagers arrested by the Aralaganwila Police and later remanded by the Polonnaruwa Magistrate’s Court in June 2018 for being part of a protest against inaction by authorities in preventing the invasion of their village, Kalukele, and fields by wild elephants, the SC has stressed that as recognised by the Bail Act, the governing principle is that while the grant of bail is the norm, the refusal to grant bail shall be the exception.
“While it shall be lawful for a magistrate to refuse to grant bail and place the suspect in remand custody, he shall do so not for the mere asking by the police, but for valid reasons that are in conformity with the objectives of criminal justice. Magistrates must be acutely conscious that the judiciary is also duty-bound to uphold fundamental rights of the people and should make orders restricting the exercise of such rights only in exceptional circumstances, for valid reasons recognised by law, and take such decisions in the manner provided by law,” Justice Yasantha Kodagoda has written in his judgment, with Chief Justice Murdu Fernando and S. Thurairaja agreeing.
The SC has added that it expects the Judges’ Institute will take necessary measures to educate magistrates on the principles contained in its judgment.
The court has also expressed its serious concern over the predicament of Kalukele villagers due to the human-elephant conflict.
The court has directed the Attorney General to take note of its observations and convey its views to the relevant authorities of the executive and thereby initiate necessary action. It has also ordered that a report be filed with the SC within six months from the delivery of the judgment, setting out the action taken by the authorities and the ensuing ground situation.
The best way to say that you found the home of your dreams is by finding it on Hitad.lk. We have listings for apartments for sale or rent in Sri Lanka, no matter what locale you're looking for! Whether you live in Colombo, Galle, Kandy, Matara, Jaffna and more - we've got them all!