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IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
K. M. G. H. KULATUNGA, J
Chief Petty Officer Heeni Pellage. – Appellant
Versus
Vice Admiral Nishantha Ulugetenne – Respondent
| Table of Content |
|---|
| 1. the petitioner challenges the summary trial process for lack of due process. (Para 1 , 2 , 3 , 4) |
| 2. discussion on procedural objections and the implications of approvals on jurisdiction. (Para 5 , 6) |
| 3. emphasis on the necessity of providing reasons in judgments affecting fundamental rights. (Para 8 , 10) |
| 4. outcome of the case based on flawed decision-making in the summary trial. (Para 14 , 15) |
JUDGEMENT
K. M. G. H. KULATUNGA, J.
1. The petitioner is a sailor attached to the Sri Lanka Navy holding the rank of Chief Petty Officer as at now. The petitioner had been charged at a Summary Trial under the Navy Act, No. 34 of 1950 , and had been found guilty. The Presiding Officer has recommended dismissal from the Navy without disgrace. This application is against the said finding and the recommendation marked P-17. The petitioner is assailing the validity of the said inquiry and seeking a writ of certiorari to quash the said finding on the following grounds:
i. the failure to give reasons for the finding of guilt and convictions; and
ii. the Summary Trial was conducted in violation of the principles of natural justice and contrary to the procedure prescribed by the Sri La
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