IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application under and in terms of Article 17 and 126 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

1. Manimandre Arachilage Suneetha Kalyani de Silva, 206T, Balummahara, Imbulgoda.

2. Jayatunga Arachchige Dona Mala Malkanthi, 354/B, Kosinna, Ganemulla.

3. Ratnam Antony Niruja, 249/D, Galahitiyawa, Ganemulla.

S.C. (F.R.) Application Nos: 4. Tisuri Ama Liyanage, 119/2015, 120/2015, 121/2015 and 114/CC/2, Ranmutu Uyana, 122/2015 Parakandeniya, Imbulgoda.

Petitioners Vs.

1. S.J.B. Suwaris, OfÏcer-in-Charge, Police Station, Walasmulla.

2. D. Chandrika Mabarana, Grama Sevaka, Waldelgaha-mula (Area No. 553), OfÏce of the Grama Sevaka.

3. N. K. Illangakoon, Inspector General of Police, Police Headquarters, Colombo 01.

3(a). Pujitha Jayasundera, Inspector General of Police, Police Headquarters, Colombo 01.

4. Hon. Attorney General, Attorney General’s Department, Colombo 12. Respondents Before: Hon. E. A. G. R. Amarasekera, J.

Hon. K. K. Wickremasinghe, J.

Hon. Janak De Silva, J.

Counsel:

Saliya Pieris, P.C. with Pulasthi Hewamanna for the Petitioners Ganga Wakishta Arachchi D.S.G. for the Respondents Written Submissions:

10.03.2021 and 20.12.2021 by the Petitioners

30.07.2021 by the Respondents Argued on: 06.12.2021 Decided on: 21.05.2025 Janak De Silva, J.

The 1st to 4th Petitioners (“Petitioners”) are the Petitioners in S. C. (F. R.) Application Nos. 119/2015, 120/2015, 121/2015 and 122/2015 respectively. They are interrelated cases and were consolidated with the agreement of parties and taken up for joint consideration.

All four Petitioners are females and avowedly afÏliated with the Christian Congregation of Jehovah’s Witnesses based in Kadawatha. The Petitioner in S. C. (F. R.) Application No. 119/2015 (“1st Petitioner”) is 59 years old and has been a Jehovah’s Witness for over 21 years at the time of instituting this application. Similarly, Petitioner in S. C. (F. R.) Application No. 120/2015 (“2nd Petitioner”) is 49 years old and has been a Jehovah’s Witness for over 4 years. Petitioner in S. C. (F. R.) Application No. 121/2015 (“3rd Petitioner”) is 20 years old and has been a Jehovah’s Witness for over 10 years, and Petitioner in S. C. (F. R.) Application No. 122/2015 (“4th Petitioner”) is a 16-year-old minor girl who claims to have been a Jehovah’s Witness for over 14½ years at the time this application was instituted.

Version of the Petitioners Jehovah’s Witnesses are a recognized traditional religion followed by a considerable community of Sri Lankans. They engage in public as well as in private to manifest their religion and observe, practice and teach such religion, similar to other main religions in Sri Lanka. They have been present in Sri Lanka since about 1910. They have always exercised their rights peacefully in terms of Article 10 read with Article 14(1)(e) of the Constitution.

One aspect of worship of Jehovah’s Witnesses is ‘preaching and declaring the good news of the Kingdom of God’ (i.e., informing individuals of the basic tenants of their faith) as reflected in the Bible, Matthew 24:14 and Luke 8:1. To that end, Jehovah’s Witnesses world over engages in such religious community service, visiting people in their homes, and providing the opportunity to any individual to learn more about the Bible message. They habitually carry several publications/literatures when engaging in such community service.

On 29.10.2014, the Petitioners travelled by public omnibus to Kirama near Walasmulla in the Southern Province to engage in religious community service. Petitioners travelled in pairs, meeting with interested individuals in the neighbourhood providing religious literature upon request.

At around 12 noon, the Petitioners rejoined and walked along Walpitiya Road to the bus halt near the Waldehigaha junction at which point a Buddhist monk had approached the Petitioners. The monk had come in a three-wheeler and asked if the Petiti