In the Supreme Court of the Democratic Socialist Republic of Sri Lanka In the matter of an Application under and in terms of Article 126 read with Article 17 of the Constitution.

Application No. SC FR 346/2018

1. Ranawaka Aarachchige Gamini Jayarathne No. 51, Kalukele, Polonnaruwa.

2. Hettiarachchige Rangika Eranda No. 63, Kalukele, Polonnaruwa.

Petitioners Vs.

1. S.M.L.R. Bandara Officer-in-Charge, Aralaganwila Police Station, Aralaganwila.

[Presently, attached to the Welikanda Police Station.]

2. L.G.H. Herath Officer-in-Charge (Crimes Division), Aralaganwila Police Station, Aralaganwila.

3. Pujitha Jayasundara Inspector General of Police, Police Headquarters, Colombo 1.

4. Honourable Attorney General Attorney General’s Department, Colombo 12. Respondents Before: Murdu Fernando, PC, J.

[As Her Ladyship was then, and the present Honourable Chief Justice.]

S. Thurairaja, PC, J.

Yasantha Kodagoda, PC, J.

Appearance: Nuwan Bopage with Chathura Weththasinghe for the Petitioners.

Yuresha De Silva, DSG, Shaminda Wickrema, SSC and Sajith Bandara, SC for the Respondents.

Argued on: 8th March 2022 and 14th February 2024 Written Submissions tendered on: 8th March 2022 and 20th May 2024 for the Petitioners.

8th March 2022 for the Respondents.

Judgment delivered on: 3rd July 2025

Judgment

Yasantha Kodagoda, PC, J.

An insight into the Judgment

1. On 6th June 2018, a protest took place at the Kalukele junction situated on the Polonnaruwa – Mahiyanganaya main road. Approximately 250 villagers of the village of Kalukele took part, protesting against the inaction on the part of the authorities at preventing the invasion of their village and fields by wild elephants, which was causing considerable hardships to them. The protest caused a complete blockage of the main road for over two hours. Admittedly, the two Petitioners participated in this protest. On an application made by the police, the learned Magistrate issued an order under section 106 of the Code of Criminal Procedure Act on two named individuals, requiring the discontinuation of the protest. The two Petitioners claim that they were unaware of the order made by the learned Magistrate and that in any event the order was not directed at them. On 18th June 2018, the two Petitioners along with another villager were arrested by officers of the Aralaganwila Police Station in relation to committing certain offences relating to this protest. That same day, they were remanded by the learned Magistrate of Polonnaruwa. The Petitioners claim that the police acted unlawfully, and that the arrest was an infringement of their fundamental rights. This Judgment examines the lawfulness of the protest and the arrest of the two Petitioners and concludes upon the disputed issues. The Judgment also contains an examination of the law relating to the conduct of protests and demonstrations.

Formalities

2. The Petitioners invoked the jurisdiction conferred on it by Article 126 read with Article 17 of the Constitution.

3. Following the Support of this Application on 6th March 2019, a differently constituted Division of this Court had by majority decision granted leave to proceed against the Respondents on the premise that prima facie it appeared to Court that the fundamental rights of the Petitioners guaranteed under Article 12(1) of the Constitution had been infringed.

4. Following the completion of pleadings, this matter was taken up for hearing on 8th March 2022 before this bench. This Court partly heard learned counsel for the Petitioners. Thereafter, this Court called upon the learned counsel for the Respondents to outline the case for the Respondents. On a consideration of such submissions and the material placed before this Court, this Court formed the view that, in addition to the possible infringement of the fundamental rights of the Petitioners guaranteed by Article 12(1) of the Constitution, there was a prima facie case which necessitated this Court to grant leave to proceed under Articles 13(1), 14(1)(a) and 14(1)(b) as w