IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Application under and in terms of Articles 17 and 126 of the Constitution.

Hetti Arachchige Sunil Jayantha, No. 101/K/A, Bangalawatte, Kothalawala, Kaduwela.

Petitioner SC FR Application No. 235/2012 Vs.

1. A.Y. Abeywardhana Chief Examiner, Department of Motor Traffic, Werahera.

2. G.H.R. Gunawardana Deputy Commissioner of Motor Traffic, Department of Motor Traffic, Werahera.

2A. A.V. Sanjeewa Bandukeerthi Deputy Commissioner of Motor Traffic, Department of Motor Traffic, Werahera.

3. S.H. Harischandra Commissioner General, Department of Motor Traffic, Narahenpita, Colombo 5.

3A. Jagath Chandrasiri Commissioner General, Department of Motor Traffic, Narahenpiya, Colombo 5.

4. Attorney General Attorney - General’s Department, Colombo 12. Respondents Before: Murdu Fernando, P.C., J.

Yasantha Kodagoda, P.C. J.

A.H.M.D. Nawaz, J.

Counsel: Mr. Manohara De Silva, P.C. with Ms. Hirosha Ekanayaka Munasinghe for the Petitioner.

Mr. L. M. K. Arulanandam, P.C. with Mr. R. Y. D. Jayasekera for the 1st Respondent.

Ms. Yuresha de Silva, Deputy Solicitor General for the 2nd, 2A, 3rd, 3A and

4th Respondents.

Argued on: 6th July, 2021 Written Submissions:

On behalf of the 1st Respondent filed on 6th August 2021.

On behalf of the 2A, 3A and 4th Respondents filed on 9th September 2021.

On behalf of the Petitioner filed on 9th December 2021.

Decided on: 3rd September, 2024 Yasantha Kodagoda, P.C., J.

This judgment relates to an Application filed by the Petitioner in terms of Article 126 read with Article 17 of the Constitution. Following the Application being supported, the Supreme Court has granted leave to proceed against the Respondents in respect of the alleged infringement of Article 12(1) of the Constitution.

Complaint of the Petitioner The Petitioner is the owner of individual businesses later transformed into partnerships called ‘Jayantha Learners’ and ‘New Jayantha Learners’, which provide services for people to learn driving and riding (popularly referred to as ‘Driving Schools’) for the purpose of becoming a licensed driver of a motor car or a rider of a motorcycle. Both entities have been registered at the Department of Motor Traffic and thus each of the entities possesses a ‘driving school license’.

On 9th April 2012, under the name of the Petitioner’s driving school ‘Jayantha Learners’, the names of ninety-five (95) persons had been registered to undergo their respective practical tests (referred to as ‘trials’) to obtain driving licenses to ride motorcycles and drive motor vehicles. These persons were personnel of the Sri Lanka Navy and had been trained to ride motorcycles and drive vehicles by an Instructor of the Navy. The Petitioner’s role was limited to having them registered for practical tests under the name of ‘Jayantha Learners’ and providing them a motorcycle and vehicles to participate at the practical test (referred to in this Application as a ‘trial’). It appears that the Petitioner had assigned motorcycle bearing No. UZ 4238 (WP) for this purpose. This motorcycle has also been registered and had been assigned to it a ‘Driver Training Vehicle Permit’ bearing No. DS 438 (“P3(d)”).

According to the Petitioner, Wasantha Kumara an applicant (of the Sri Lanka Navy) had prior to his trial used motorcycle UZ 4238 (WP) to practice riding ‘a few hundred yards’. Though the Petition does not reveal the exact location, the totality of the evidence indicates that this was done within the premises of the Department of Motor Traffic in Werahera. According to the Petitioner, Wasantha Kumara had been told by the 1st Respondent (the Chief Examiner of the Department of Motor Traffic) that practicing prior to the trial was against regulations, and had cancelled Wasantha Kumara’s trial. Further, according to the Petitioner, motorcycle bearing No. UZ 4238 (WP) had been ‘taken into the custody’ of the 1st Respondent and kept in the garage of the premises of the Department of M