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

Case No. S.C. (F/R) Application No.

Priyancy Don Liyanaarachchi, 123/2013 SC3, Supreme City, Narthanagala Road, Munagama, Horana.

PETITIONER Vs.

1. Senaka Walgampaya, Former Chairman, 1A. Proof. S.T. Herrige, Former Chairman, 1B. S.C.S. Fernando, Former Chairman, 1C. E.W.M. Lalith Ekanayake, Chairman, National Police Commission, Block 09, B.M.I.C.H. Premises, Buddhaloka Mawatha, Colombo 07.Ven. Elle Gunawansa Thero, Former Member, 2. Ven. Elle Gunawansa Thero, Former Member, 2A. B. A. Jeyanathan, Former Member, 2C. K. Karunaharm Member, National Police Commission, Block 09, B.M.I.C.H. Premises, Buddhaloka Mawatha, Colombo 07.

3. D. Dissanayake, Former Member, 3A. P. H. Manatunga, Former Member, 3B. A.S.P.S.P. Sanjeewa, Former Member, 3C. P.G. Sarath, Member, National Police Commission, Block 09, B.M.I.C.H. Premises, Buddhaloka Mawatha, Colombo 07.

4. Charmanie Madurasinghee, ⁠

Former Member, 4A. Savithri D. Wijesekere, Former Member, 4B. N.S.M. Samsudeen, Former Member, 4C. Gamini De Silva, Member, National Police Commission, Block 09, B.M.I.C.H. Premises, Buddhaloka Mawatha, Colombo 07.

5. R. Sivaeaman, Former Member, 5A. Y.L.M. Zawahir, Former Member, 5B. M.P. Premasiri Perera, Former Member, 5C. D.K. Renuka Ekanayake, Member, National Police Commission, Block 09, B.M.I.C.H. Premises, Buddhaloka Mawatha, Colombo 07.

6. M.M.M. Mowjood, Former Member, 6A. Frank De Silva, Former Member, 6B. Gunapala Wickramage, Former Member, 6C. Deshan Kapila Jayasuriya, Member, National Police Commission, Block 09, B.M.I.C.H. Premises, Buddhaloka Mawatha, Colombo 07.

7. Newton Gunaratne, Former Member, 7A. Thilak Kollure, Former Member, 7B. T. P. Parameswaran, Former Member, 7C. A. A. M. Illiyas, Member, National Police Commission, Block 09, B.M.I.C.H. Premises, Buddhaloka Mawatha, Colombo 07.

8. T.M.K.B. Tennakoon, Former Member, 8A. Ariyadasa Cooray, Former Secretary, 8B. Thamara D. Perera, Secretary, National Police Commission, Block 09, B.M.I.C.H. Premises, Buddhaloka Mawatha, Colombo 07.

9. Attorney General, Attorney General's Department, Colombo 12.

RESPONDENTS BEFORE: MURDU N. B. FERNANDO, PC, J.

S. THURAIRAJA, PC, J. AND PRIYANTHA FERNANDO, J.

COUNSEL: Manohara De Silva, PC with Hirosha Munasinghe and Ms. Sasiri Chandrasiri for the Petitioner.

Ms. Yuresha De Silva, DSG for the Respondents.

WRITTEN Petitioner on 20^th September 2022 and 11^th March 2024.

SUBMISSIONS: Respondents on 12^th February 2024.

ARGUED ON: 12^th February 2024.

DECIDED ON: 05th August 2024 THURAIRAJA, PC, J.

1. The Petitioner, namely Priyancy Don Liyanaarachchi, (hereinafter referred to as the “Petitioner”) filed this application in the Supreme Court of Sri Lanka by Petition dated 11^th April 2013 seeking, inter alia, a declaration that his fundamental right guaranteed under Article 12(1) of the Constitution has been violated due to the actions, omission, and/or failure to act/or neglect to perform the duty of/by one or more of Respondents. When the matter was taken up on 29^th July 2013, the Court granted leave to proceed under Article 12(1).

2. Before delving into my analysis of the present case, it is imperative to undertake the somewhat arduous yet essential task of tracing the excessively prolonged journey of the Petitioner’s grievances and appeals as they have navigated, although more oft than not unnecessarily and sometimes unfittingly, through the corridors of various public institutions and the officials employed therein.

3. The Petitioner is employed as the Media Officer of the National Police Commission. As per the Petitioner, the sequence of events preceding the Petitioner’s employment is as follows; the Petitioner was previously engaged as a Grade 1 Officer of the Translator’s Service to the Department of Muslim Religious and Cultural Affairs. Thereafter, the Petitioner applied for