IN THE COURT OF APPEAL OF THE DEMOCRATICSOCIALIST REPUBLIC OF SRI LANKA In the matter of an application for the grant of Writs of Certiorari, under and in terms of Article 140 of the Constitution.

Dr. Kodagoda Hitige Jayampathy Rohanakumara Wickramaratne of Petit Schonberg 65, 1700 Fribourt, Switzerland PETITIONER CA (Writ) Application No: 331 /2021 -Vs-

1. Hon. Upaly Abeyrathne, Chairman (Retired Judge of the Supreme Court), Chairman, No. 42/10, Beddagana North, Pita Kotte

2. Hon. Chandrasiri Jayathilaka, (Retired Judge of the Court of Appeal), No. 24, Diyawanna Gardens Pelawatta, Battaramulla

3. Chandra Fernando, Member No. 1, Shubbery Gardens Colombo 04 Presidential Commission of Inquiry to inquire into and obtain information in relation to alleged Political Victimization of Public Officers, Employees of State Corporations, Members of the Armed Forces and the Police Service who held posts during the period commencing 08^th January 2015 and ending 16^th November

2019.

C/O Presidential Secretariat, Colombo 1

4. Mrs. Pearl K. Weerasinghe Secretary, Presidential Commission of inquiry to inquire into and obtain information in relation to alleged Political Vicitmization of Public Officers, Employees of State Corporations, Members of the Armed Forces and the Police Service who held posts during the period commencing 08^th January 2015 and ending 16^th November 2019.

C/O Secretary to the President, Presidential Secretariat, Colombo -1

5. Secretary to the President, Presidential Secretariat, Colombo 1.

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

D. N. Samarakoon, J.

&

M. T. Mohammed Laffar Counsel: Faisz Musthapha P.C. with Eraj De Silva AAL instructed by Vidanapathirana Associates for the Petitioner.

Milinda Gunatilleke, ASG P.C. with Chaya Sri Nammuni, DSG for the 05^th Respondent.

Written Submissions: By the Petitioner – 06.11.2023 By the Respondents – 22.06.2023 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 requests to grant and issue an interim order suspending the operation of the decisions, determinations and recommendations made by the 1^st to 3^rd respondent in so far as they are applicable to the petitioner.

The Petitioner is an Attorney-at-Law of the Supreme Court since August 1977 and was appointed President's Counsel in 2001. He was a Member of Parliament from September 2015 to January 2020.

The 1^st, 2^nd and 3^rd respondents were appointed by the President as members of a Commission of Inquiry to "Inquire into and obtain information in relation to alleged Political Victimization of Public Officers, Employees of State Corporations, Members of the Armed Forces and the Police Service who held posts during the period commencing 08.01.2015 and ending 16.11.2019" under section 2 of the Commissions of Inquiry Act No. 17 of 1948 (as amended) by notification (P 2) published in the Gazette Extraordinary No. 2157/44 dated 09.01.2020, The 1^st respondent above named was appointed Chairman of the said Commission. The 4^th respondent was the Secretary of the said Commission and the 5^th respondent is the Secretary to the President.

According to the said notification (P 2), the Presidential Commission of Inquiry (hereinafter referred to as "the PCI") was required to inquire into and report, inter alia, the following:

(i.) "Whether there has been any malpractice or irregularity, or non-compliance with or disregard of the proper prudence, norms, guidelines, procedures and best practices applicable in relation to the administration of the Commission to Investigate Allegations of Bribery or Corruption (CIABOC), Financial Investigations Divisions (FCID) of the Sri Lanka Police or the Special Investigations Unit (SIU) of the Sri Lanka Police;

(ii.) Whether any investigations by the Commission to Investigate Allegations of Bribery or Corruption (CIABOC), Financial Investigation