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 Writs of Certiorari and Prohibition under and in terms of Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

CA (Writ) Application No: C.J. Ranasinghe

313/2021 Leading Seaman, XS45538 Sri Lanka Naval Ship Uththara, Kankesanthurai, Sri Lanka Navy. PETITIONER Vs.

1. Commander of Sri Lanka Navy Sri Lanka Navy Headquarters, Sri Lanka Navy. 2. Chief of Staff Sri Lanka Navy Headquarters, Sri Lanka Navy.

3. Captain (ASW) M.A.G. Priyantha Commanding Officer Sri Lanka Naval Ship Uththara, Kankesanthurai.

4. A.P.K. Subasinghe Commander (A.S.W.), NRX 1725, Prosecuting Officer, Sri Lanka Naval Ship Uththara, Kankesanthurai.

5. B.K.S.E. Rodrigo Lieutenant Commander, NRX 2729 Defence Officer [before Summary Trial]

Sri Lanka Naval Ship Uththara, Kankesanthurai.

RESPONDENTS Before: M. T. Mohammed Laffar, J.

S. U. B. Karalliyadde, J.

Counsel: Shavindra Fernando, PC with Mirthula Skandaraja and Sandani Wijendra for the Petitioner.

Ms. A. Gajadheera SC for the Respondents.

Argued on: 12.06.2023 Written submissions tendered on:

18.07.2023 by the Petitioner Decided on: 06.12.2023 S.U.B. Karalliyadde, J.

The Petitioner is a leading Seaman in the Regular Force of the Sri Lanka Navy and when the incident relevant to this action occurred was attached to the Sri Lanka Naval Ship “Uththara” located in Kankasanthurei. On 21.01.2021, the Naval Provost Branch conducted a search on the junior sailors’ mess No.2 at Sri Lanka Naval ship “Uththara” and arrested the Petitioner for being in possession of foreign cigarettes and two other sailors for being in possession of narcotic substances (cannabis). Subsequently, urine samples were obtained from all three sailors and were dispatched to the Naval Medical Officer of the Northern Naval Area for a rapid urine test for cannabis. On 22.01.2021 by the report marked as P-1, the Naval Medical Officer reported that the urine samples obtained from all three sailors were positive for Tetrahydrocannabinol (THC) i.e., cannabis. Ensuing the Naval Medical Officer’s report, a Board of Inquiry was conducted, and the report of the said Inquiry dated 28.01.2021 marked as P-2 was forwarded to the Commander of the Northern Naval Area. There were two recommendations made in respect of the Petitioner in the report marked as P-2, i.e., to take strict disciplinary action against him for consuming narcotic substances (cannabis) and for selling foreign cigarettes to the other sailors. In pursuant to the recommendations approved by the Commander, Northern Naval Area (P-3), on 09.03.2021 Summary Trial proceedings were instituted against the Petitioner. The Petitioner alleges inter alia, that he was not served with a charge sheet, not given the opportunity to choose a Defending Officer or a Counsel to appear on his behalf and not given adequate time to prepare his defence. The Petitioner further alleges that at the Summary Trial, he had admitted only the liability to the charge of selling foreign cigarettes and specifically pleaded “not guilty” to the charge of consumption of Cannabis. Pursuant to the Summary Trial, the Petitioner was informed by the Commanding Officer of the Ship ‘Uththara’, the 3^rd Respondent who had presided over the proceedings of the Summary Trial that the punishment intended to be carried out is a warrant punishment. In April 2021, after the warrant was approved by the Chief of Staff of the Navy (the 2^nd Respondent) on behalf of the Commander of the Navy (the

1^st Respondent) the Petitioner was informed by the 3^rd Respondent that the punishment for the offence of consuming narcotic substances (cannabis) is dismissal of the Petitioner from the Sri Lanka Navy without disgrace. The Petitioner submitted an Appeal (P-5) on 19.04.2021 against the sentence imposed on him to His Excellency the President under section 122 of the Navy Act, No. 33 of 1976 as amended (hereinafte