'If there was no evidence why did the AG file the charges?'

Sarath Nanda Silva, the former CJ who held the position for over ten years said that the withdrawal of the charges “undermines judiciary and judicial independence.”

“The AG is the only person who can file criminal charges at the High Court. But even the AG does not have an authority to withdraw the charges after the proceedings have begun,” he told BBC Sinhala service, Sandeshaya.

AG Mohan de Silva recently withdrew murder charges against the former ruling party MP, Chandana Katriarachchi but the case continues on other minor charges.

Duminda Silva

The AG's decision to withdraw charges while a case is proceeding is a violation of the accepted norms, according to the former CJ.

The AG is the only person who can file criminal charges at the High Court. But even the AG does not have an authority to withdraw the charges after the proceedings have begun Former CJ, Sarath N Silva

“The accused can be freed if evidence is not sufficient but only after the proper trial,” Sarath Nanda Silva said adding that the other possibility is that the case to discontinue.

“If there was no evidence why did the AG file the charges?.”

The AG also withdrew rape charges against the Colombo district ruling party MP, Duminda Silva.

Mr Silva was recently appointed by the president as the monitoring MP for Defence Ministry, which comes under President Rajapaksa and effectively controlled by his brother, Defence Secretary Gotabhaya Rajapaksa.

These actions by the AG, Mr Silva said, undermine the judiciary as well as the independence of the AG’s office.