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2025 Supreme(SRI)(SC) 9767

A. L. Shiran Gooneratne J.

1. When SC/FR/403/2015 and SC/FR/404/2015 were taken up for Argument, the respective parties agreed that a single Judgment be delivered in both matters. Accordingly, SC/FR/403/2015 was taken up for consideration. At the commencement of proceedings, learned President’s Counsel for the 3rd Respondent, Mr. Saliya Pieris, raised a Preliminary Objection against the maintainability of the Petition on the ground of prescription.

2. By the Amended Petition and Affidavit dated 11/12/2015 in SC/FR/403/2015, the Petitioner previously attached to the Sri Lanka Air Force, invokes the jurisdiction of this Court under Article 126 of the Constitution, alleging violations of his Fundamental Rights arising from acts of physical assault, unlawful detention, procedural injustice, and harassment at the hands of superior officers. The Petitioner seeks redress for the infringement of his rights guaranteed under Articles 11, 12(1), 12(2), and 14(1)(g), and calls upon this Court to examine the legality, proportionality, and bona fides of the Respondents’ actions within the framework of constitutional justice.

3. The Petitioner avers that the alleged infringement of his Fundamental R

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