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2025 Supreme(SRI)(CA) 296

IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
K. M. G. H. KULATUNGA, J
Chamindranee Bandara Kiriella – Appellant
Versus
Justice Upaly Abeyrathne (Retd.) Chairman of the Presidential Commission of Inquiry Probing Fraud and Corruption that occurred at State Institutions from 15th January 2015 to 31st December 2018 and others. – Respondent


Advocates:
Faisz Musthapha, PC, with Thushani Machado and Faisza Markar, PC, with Zainab Markar, instructed by Dilini Gamage for the Petitioner.
Manohara Jayasinghe, DSG, for the State.

JUDGEMENT

K. M. G. H. KULATUNGA, J.

1. The petitioner by this application is challenging the validity of a recommendation made by a Commission of Inquiry appointed under the Commissions of Inquiry Act, No. 17 of 1948, as amended. The said Commission of Inquiry was appointed to probe into fraud and corruption that occurred at State institutions from 15.01.2015 to 31.12.2018. According to the proclamation published in the Gazette Extraordinary No. 2106/11, dated 16.01.2019, said Commission of Inquiry was appointed by warrant dated 03.03.2015, in terms of the [Presidential] Commissions of Inquiry Act (Chapter 393). A document alleged to be a copy of the Report is tendered marked P-7 along with the petition. However, this Report is not a copy issued officially by any authority, nor is it certified to be so. Further, the petitioners also concede that this is an unofficial copy, which was on social media. Be that as it may, the petitioner is challenging a portion of this Report P-7 wherein a finding and recommendation has been made against the petitioner, along with several others, as follows:

a) To prosecute all the Respondents including the Petitioner for recruiting employees outside the

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