IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an appeal under and in terms of Section 34 of the Right to Information Act No. 12 of 2016 read with Article 138 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

CA/RTI/0004/2021 Chamara Sampath, RTIC Appeal No.719/2018 “Sathuta”, Pannala, Yatigaloluwa. APPELLANT Vs.

Neil Iddawala, Designated Officer, Chief of Staff and Deputy Secretary-

General, Sri Lanka Parliament, Sri Jayewardenapura, Kotte.

RESPONDENT AND NOW BETWEEN 1. K. A. Rohanadeera, Designated Officer, Chief of Staff and Deputy Secretary-General, Sri Lanka Parliament, Sri Jayewardenapura, Kotte.

2. Dhammika Dassanayake, Secretary-General of Parliament, Office of the Secretary-General of Parliament, Sri Jayewardenapura, Kotte.

RESPONDENT-APPELLANT-

PETITIONERS Vs.

Chamara Sampath, “Sathuta”, Pannala, Yatigaloluwa.

APPELLANT-RESPONDENT AND

1. Mr. Mahinda Gammanpila Chairman

2. Ms. Kishali Pinto-Jayawardena Member

3. Mr. S. G. Punchihewa Member

4. Dr. Selvy Thiruchandran Member

5. Retired Justice Rohini Walgama Member Right to Information Commission of Sri Lanka, Room No. 203-204, Block 2, BMICH, Bauddhaloka Mawatha, Colombo 07.

ADDED-RESPONDENTS

1A.Retired Justice Upali Abeyaratne, Chairman SUBSTITUTED-ADDED-1ST RESPONDENT

3A.Dr. Athulasiri Kumara Samarakoon, Member SUBSTITUTED-ADDED-3^RD RESPONDENT

4A.Mr. Jagath Bandara Liyanaarachchi, Member SUBSTITUTED-ADDED-4^TH RESPONDENT Before : Sampath B. Abayakoon, J.

: P. Kumararatnam, J.

Counsel : Mahen Gopellawa SDSG with Avanthi Perera DSG for the Appellant-Petitioner.

: Thishya Weerragoda with S. Wimalaratne instructed by Niluka Dissanayake for the Appellant-Respondent. : Himali Kularatne with Jayani Ellepola for the Added-

Respondents.

Argued on : 18-01-2023 Written Submissions : 13-01-2023 (By the respondent-appellant-petitioners)

: 18-01-2023 (By the Appellant-Respondent)

: 19-01-2023 (By the Added-Respondents)

Decided on : 28-02-2023 Sampath B Abayakoon, J.

This is an appeal by the respondent-appellant-petitioners (hereinafter referred to as the appellants) in terms of section 34 of the Right to Information Act No.12 of 2016 read with Article 138 of the Constitution of the Democratic Socialist Republic of Sri Lanka, on being aggrieved by the order dated 02-02-2021 pronounced by the Right to Information Commission.

At the hearing of this appeal, all parties agreed for the pronouncement of the judgement in this matter based on written submissions by the parties, as all the matters that need consideration in this appeal are matters of law. Hence, all the parties were allowed to tender their respective written submissions for the consideration of the Court.

The order under appeal is an order pronounced by the Right to Information Commission (hereinafter referred to as the Commission) in terms of section 32 of the Right to Information Act No.12 of 2016 (The RTI Act) in pursuant to an appeal preferred by the appellant-respondent (hereinafter referred to as the respondent) challenging the refusal by the Designated Officer of the Parliament of Sri Lanka to issue him with the information requested by him from the Information Officer of the Parliament.

The respondent by his letter dated 21-06-2018 had requested the following information from the Information Officer of the Parliament.

1. The list of names of members of Parliament who have handed over their respective declarations of assets and liabilities in 2018.

2. The list of names of MPs who have handed over their declarations from

2010 up to the date of his request.

The Information Officer by his letter dated 21-08-2018 has refused the request on the basis that he has to make an application in terms of the Declaration of the Assets and Liabilities Act of Act No.1 of 1975 to the Speaker of Parliament, which is a separate Act that governs the declarations of the Members of Parliament. The Designated Officer too has held the same view in rejecting the appeal preferred by the respondent to him in that r