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

Case No. CA/Writ/437-2022 Ramalingam Ranjan, Attorney-at-Law, No. 121, Hampdane Lane, Colombo 06.

The petitioner Vs.

01. Hon. Sanjay Rajaratnam Hon. Attorney General Attorney General's Department Hulftsdorp, Colombo 12.

02. Chandana D. Wickramaratne Inspector General of Police.

Police Head Quarters, Colombo 01.

03. Kavinda Piyasekara Director Criminal Investigation Department York Street, Colombo 01.

04. Deshabandu Tennakoon Senior Deputy Inspector General of Police Western Province, Police Headquarters, Colombo 01.

The respondents Before: N. Bandula Karunarathna J. P/CA &

M. Ahsan R. Marikar J.

Counsel: Maithri Gunaratne PC, with Ashan Nanayakkara AAL and Iffat Shahabdeen for the petitioner.

V. de Abrew PC ASG, for the State Dr. Romesh de Silva PC, with Sugath Caldera AAL, instructed by Sanath Wijewardana AAL for the 4^th respondent Written Submissions: By the petitioners – 23.02.2023 By the 4^th respondent – 26.01.2023 Supported on : 01.03.2023 Decided on : 27.03.2023 N. Bandula Karunarathna J. P/CA The petitioner filed this writ application by petition dated 16.11.2022, seeking inter alia;

(a) a mandate in the nature of a writ of mandamus to compel the 1^st, 2^nd and 3^rd respondents to make the 4^th respondent a suspect in the case bearing No. B22046/2022 filed at the Magistrate’s Court of Fort;

(b) a mandate in the nature of a writ of mandamus to compel the 2^nd and 3^rd respondents to arrest, detain and record a further statement from the 4^th respondent, for the purpose of case bearing No. B22046/2022 filed at the Magistrate’s Court of Fort;

(c) a mandate in the nature of a writ of mandamus to compel the 2^nd respondent to send recommendations to the National Police Commission to suspend and interdict and send on compulsory leave the 4^th respondent in view of the criminal charges levelled against the 4^th respondent;

(d) an interim order to prevent the 4^th respondent from holding his o him from his duties and to interdict him from his ofÏce until the final determination of this action is delivered.

The petitioner states that the petitioner is a citizen of Sri Lanka and is a practicing lawyer by profession, a human rights activist and was also a staunch supporter of anti-government movement of Aragalaya-2022. The 1st respondent is the Attorney General of the Republic of Sri Lanka who is the public prosecutor of Sri Lanka. The 2^nd respondent is the Inspector General of Police who has the powers to arrest, detain, conduct investigations of the suspects who commit crimes in Sri Lanka for the purpose of maintaining the law and order of the Republic of Sri Lanka. The 3rd respondent is the Director of the Criminal Investigation Department whose role is to assist the 2^nd respondent in the aforesaid du The 4^th respondent is the Senior Deputy Inspector General of Police and also the alleged suspect of crimes which have been more fully described in the petition.

The petitioner states that from or about 09.04.2022 a group of 91 peaceful protestors had gathered at the entrance of the Presidential Secretariat at the Galle Face Green area in Colombo showing its dissent to the incumbent government and its head of state as the latter failed to arrest the abysmal and irrational economic condition which was prevailed in the country. This entire area where they gathered to show their dissent was also known as “GotaGoGama” and the prime objective of the demonstrators was to peacefully oust the President - Gotabaya Rajapakse, the Premier - Mahinda Rajapakse both of whom came to power under the political party called the 'Sri Lanka Podu Jana Peramuna' and the government of the day.

The petitioner states that the aforesaid peaceful protestors had also camped outside the ofÏcial residence of the Prime Minister, the Temp