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 of the Democratic Socialist Republic of Sri Lanka.

Mohamed Razik Mohamed Ramzy No. 594/3, Polgasdeniya, Katugastota Acting in terms of Article 126(2) of the Constitution, the above-named petitioned the Supreme Court by his Attorney-at-Law Musthafa Kamal Bacha Ramzeen, No. 42, Norris Canal Road, Colombo 10.

Petitioner SC / FR Application No. 135/2020 Vs.

1. B.M.A.S.K. Senaratne Chief Inspector of Police Officer-in-Charge Computer and Forensic Training Unit, Criminal Investigation Department, Colombo 1.

2. W. Thilakaratne Senior Superintendent of Police Director, Criminal Investigation Department, Colombo 1.

2A. A.R.P.J. Alwis Senior Superintendent of Police Director, Criminal Investigation Department, Colombo 1.

2B. Kavinda Piyasekera Senior Superintendent of Police Director, Criminal Investigation Department, Colombo 1.

3. M.G.L.S. Hemachandra Military Service Assistant of the Defence Secretary, Ministry of Defence, Colombo 1.

4. Major General Kamal Gunaratne Secretary of the Ministry of Defence, Ministry of Defence, Colombo 1.

5. C.D. Wickremaratne Inspector General of Police Sri Lanka Police Headquarters, Colombo 1.

6. Honourable Attorney General Attorney General’s Department, Colombo 12. Respondents Before: B.P. Aluwihare, P.C., J.

Yasantha Kodagoda, P.C., J.

Janak De Silva, J.

Counsel: Mr. Nuwan Bopage with Mr. Chathura Weththasinghe instructed by Mr. Ramzi Bacha for the Petitioner.

Ms. Induni Punchihewa, State Counsel for the 1st and 3rd to

6th Respondents.

Argued on: 29th March 2023 Written Submissions: For the Petitioner - Filed on 2nd February and 6th June, 2023.

For the Respondents – Not filed.

Decided on: 14th November, 2023 Yasantha Kodagoda, P.C., J.

This judgment relates to an Application filed under Article 126(2) of the Constitution by Attorney-at-Law Musthafa Kamal Bacha Ramzeen (hereinafter referred to as “the petitioner”) on behalf of one Mohamed Razik Mohamed Ramzy (hereinafter referred to as “the virtual petitioner”). The virtual petitioner had been in remand custody at the time of filing this Application. The petitioner has claimed that due to the COVID – 19 pandemic that prevailed at the time of preferring the Application, the virtual petitioner had been unable to directly move this Court and invoke the jurisdiction vested in it under and in terms of Article 126 read with Article 17 of the Constitution. Thus, he has explained why this Application was filed by him in his capacity as an Attorney-at-Law.

On 17th June 2020, when this matter was supported, the Court had granted leave to proceed for alleged violations of fundamental rights of the virtual petitioner guaranteed by Articles 12(1), 13(1), 13(2) and 14(1)(a) of the Constitution. The record reveals that when the Application was supported for leave to proceed learned counsel for the petitioner had withdrawn the three prayers of the petition seeking interim relief.

Case of the Virtual Petitioner The virtual petitioner who is a citizen of Sri Lanka of Muslim ethnicity and Islamic religious faith, had been a public servant and had served as an Interpreter in a public sector institution. Due to a health condition, he had retired prematurely. Since December 2009, he has maintained a Facebook profile. According to “A1(i)”, at the time of the incident referred to in this judgment, the virtual petitioner had 1,212 ‘Followers’ and 3,497 ‘Friends’. He has been active on Facebook, and has been regularly posting his views on it regarding socio-cultural, religious and political issues. The virtual petitioner claims that he is a strong opponent of racism, religious extremism, communal violence and a believer of a peaceful society filled with tranquility and harmony among all ethnic groups. He further claims that his Facebo