The appellants were charged with four offences under various laws: unlawful assembly, insulting the National Flag, use of offensive conducts conducive to breach of peace and attempting to communicate classified information.
The accused persons were kept in remand custody pending hearing after their bail applications were denied. They appealed to the High Court challenging the certificate to object bail (the certificate). They argued that the DPP acted irregularly for citing a non-existent law in the certificate.
The court noted that the DPP derives their power to issue the certificate under section 19(1) & (2) of the National Security Act, 1970. Further, that this power is to be exercised most sparingly and only in appropriate cases to keep the courts within the bounds of their authority. The court also noted that they are not empowered by the laws to correct errors made by the parties, whether of fact or of law.
The court held that the DPP acted irregularly for citing the National Security Act, RE 2019 whereas the National Security Act was never revised in 2019. The certificate was thus declared defective and expunged.
Accordingly, the appeal was upheld and the court ordered that the appellants be remitted to the trial court so that the bail application can be considered as no certificate to object bail existed.
