IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application for mandate in the nature of Writ of Certiorari under and in terms of Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

Case No.CA Writ 26/2022 Mr. Gnendra Shani Abeysekara, No. L/ 1/ 1, Elvitigala Flats, Colombo 08 PETITIONER -Vs-

1. Hon. Upaly Abeyrathne, Chairman

2. Daya Chandrasiri Jayathilaka, Member

3. Chandra Fernando, Member, 4. The Secretary, all of the above 1 ^st to 4 ^th Respondents are of;

The Presidential Commission of Inquiry, Room No. 210, Block No. 02, 2^nd Floor, Bandaranayake International Conference Hall, Bauddhaloka Mawatha, Colombo 07.

5. Janaka Bandara Senior State Counsel, 6. Hon. Attorney General, Both the 5^th and 6^th Respondents are The Attorney General's Department, Colombo 12.

7. Nissanka Sanadhipathi, 8. The Avangrade Maritime Services (PVT)

Ltd, Both the 7^th 0 8 ^th Respondents are Avangrade Maritime Services (PVT) Ltd, NO 613, Bangalawa Junction, Kotte Road, Kotte.

RESPONDENTS Before: N. Bandula Karunarathna J. P/CA &

D. N. Samarakoon, J.

&

M. T. Mohammed Laffar, J Counsel: Asthika Devendra, AAL with Kaneel Maddumage, AAL, Kavindi Weerasekara, AAL with the instructions of Manjula Balasooriya for the Petitioner.

Parinda Ranasinghe P.C. ASG with Chaya Sri Nammuni, DSG and Shemanthi Dunuwille, SC for the 6^th Respondent.

Written Submissions: By the Petitioner – 15.12.2023 By the 6^th Respondent – 26.06.2023 Argued on : 11.10.2023 Decided on : 25.03.2024 N. Bandula Karunarathna J. P/CA This is an application for a Writ of Certiorari to quash the decisions/determinations/ recommendations, made by the 1^st to 3^rd Respondents. The Petitioner states that he is now retired after holding the rank of Senior Superintendent of Police of the Sri Lanka Police. He also held office as the Director of the Criminal Investigations Department (CID), prior to his suspension and interdiction from service.

The Petitioner filed a Writ Application bearing No. 167/20 on the 13.07.2020 inter alia impugning the decision made by the 1^st to 4^th Respondents in that case to name the Petitioner as a Respondent in the inquiry of the Presidential Commission, conducted by the 1^st to 3^rd Respondents on a complaint made by the 7^th Respondent in the said case and the decision to issue summons on the Petitioner by the said Respondents in the above inquiry. On 27.07.2020, the Learned President's Counsel appearing for the 1^st to 4^th Respondents in the case bearing No. CA Writ 167/20 gave an undertaking to this Court on behalf of the said Respondents that the Petitioners in cases bearing Nos. CA Writ 166/20 and 167/20 will be dispensed with their presence before the Commission until this Court decides on the question of notices and the interim orders and their absence will not be held against them.

However, by the report dated 24.11.2020, the 1^st to 3^rd Respondents have made certain recommendations and decisions against the Petitioner which is a violation of the above undertaking. The Petitioner says that he filed the instant application on 13.01.2022 impugning the recommendations and decisions of the 1^st to 3^rd Respondents made against the Petitioner.

It is evident that the Petitioner was serving as the Director of the Criminal Investigation Department until he was transferred as the Personal Assistant to the Deputy Inspector General of Police (Galle Range) with effect from 21.11.2019. The Petitioner has received summons and notice dated 16.06.2020 under the hand of the 4^th Respondent summoning him to appear before the Commission of Inquiry on 17.06.2020 on the order made by the 1^st to 3^rd Respondents to inquire into matters pertaining to the purported complaint bearing No.

PCI/PV/01/Com./50/2020.

The said Commission has been described as the "Presidential Commission to inquire into and obtain information in relation to alleged Political Victimization of Public Officers, Employees of State Corporations, members of Armed Forces a