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

Court of Appeal Case No: 166/2020 Anura Kumara Dissanayake, No.464/20, Pannipitiya Road, Pelawatta, Battaramulla.

Petitioner vs.

1. Hon. Upaly Abeyrathne, Chairman, 2. Hon.Daya Chandrasiri Jayathilaka, Member

3. Chandra Fernando, Member, 4. The Secretary, all of, Presidential Commission of Inquiry to inquire and obtaining information pertaining to the alleged incidents of Political Victimization of Public Officers, Employees of State Corporations, Members of Armed Forces and the Police Service, Room No. 210, Block No. 02, 2^nd Floor, Bandaranayake International Conference Hall, Bauddhaloka Mawatha, Colombo 07.

5. Mr.Janaka Bandara, Senior State Counsel, Attorney General's Department, Colombo 12.

6. Mr.Dappula De Livera, PC, Hon Attorney General, Attorney General's Department, Colombo 12.

7. Nissanka Senadhipathi, Avant Garde Maritime Services (Pvt)

Ltd, No.613, Bangalawa Junction, Kotte Road, Kotte

8. Avant Garde 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: Saliya Pieris, P.C. with Upul Kumarapperuma, P.C., Thanuka Nandasiri AAL, Sarinda Jayawardena AAL, Nisal Hennadige AAL, Vimukthi Karunarathne instructed by Sunil Watagala, AAL for the Petitioner.

Parinda Ranasinghe P.C., ASG, Nerin Pulle P.C., ASG, Chaya Sri Nammuni DSG, Medhaka Fernando SC for the 5^th and 6^th Respondents.

Written Submissions: By the Petitioner – Not filed.

By the Respondent – Not filed.

Argued on : 11.10.2023 Decided on : 25.03.2024.

N. Bandula Karunarathna J. P/CA This is an application for a Writ of Prohibition preventing the 1^st – 4^th Respondents inquiring into the complaint made by the 7^th Respondent dated 31.01.2020 and to issue a Writ of Certiorari to quash the findings, decisions and recommendations of the 1^st to 3^rd respondents in the report, in respect of the petitioner. The 1^st to 3^rd Respondents are the Chairman and members of a Presidential Commission of Inquiry appointed by H.E. the President under Section 2 of the Commissions of Inquiry Act no. 17 of 1948.

The Petitioner has not requested a relief preventing the Respondents from taking any steps to implement or give effect to the recommendations of the final report in any way in so far as they relate to the Petitioner.

The Petitioner seeks the following reliefs in his Petition dated 13.07.2020.

(i) Issue notice on the Respondents;

(ii) Grant and Issue a Stay Order staying inquiry which emanates from the complaint preferred by the 7^th Respondent dated 31.01.2020 marked as X until the final determination of this case;

(iii) Grant and issue an order in the nature of a writ of Certiorari quashing the decision taken by one or more of the 1^st to 4^th Respondents to accept/entertain and/or investigate the complaint made by the 7^th Respondent to one or more or all of the 1^st to 4^th Respondents dated 31.01.2010 marked as X;

(iv) Grant and issue an order in the nature of a writ of Certiorari quashing the decision taken by the 1^st to 4^th Respondents to name the Petitioner a Respondent and/or summon him under section 16 of the Commissions of Inquiry Act No. 17 of 1948 (as amended) in the inquiry emanating from the complaint bearing No. PCI/PV/01/Com./50/2020 made by the 7^th Respondent dated 31/01/2020 marked as X;

(v) Grant and issue an order in the nature of a writ of Certiorari quashing the decision taken by the 1^st to 4^th Respondents to issue summons on the Petitioner by the Summons dated 16.06.2020 marked as P-3;

(vi) Grant and issue an order in the nature of a writ of Certiorari quashing the decision taken by the 1^st to 4^th Respondents to and the decision taken by the 1^st to 3^rd Respondent on the 23.06.2020 (P-4)