KOTTAKKI SRINIVAS PATNAIK v ATTORNEY-GENERAL

Case Significance

Kottakki Srinivas Patnaik v Attorney-General [2024] SGCA 5 was decided by the Court of Appeal, with Sundaresh Menon CJ delivering the grounds of decision on 1 March 2024, sitting with Tay Yong Kwang JCA and Woo Bih Li JAD. The appeal, Civil Appeal No 17 of 2023, was brought by Mr Kottakki Srinivas Patnaik after his application for leave to commence judicial review in relation to criminal proceedings against him was dismissed. The court had dismissed the appeal on 18 January 2024 and gave the full grounds in this judgment.

The principal ground advanced by counsel for Mr Patnaik, Mr Lim Tean of Carson Law Chambers, was that Mr Patnaik's right to equality had been violated because he had been charged while others named in connection with the same matters had not. It was also submitted that the charges could not be established on the evidence. As framed by the catchwords, the appeal concerned constitutional law on judicial review, equal protection of the law, and the Attorney-General's prosecutorial discretion under Article 35(8) of the Constitution, together with administrative law remedies including declarations, quashing orders and prohibiting orders. The Attorney-General was represented by the Attorney-General's Chambers. The judgment cited 19 Singapore authorities and statutes including the Criminal Procedure Code, the Penal Code and the Prevention of Corruption Act.