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 of the Constitution.

Niluka Dissanayake, Attorney-at-Law, No. 218, Basement, Hulftsdorp Street, Colombo 12.

On behalf of Captain Ambawalage Dammika SC/ FR Application No. 556/2009 Senaratne de Silva of 74, Jayasumanarama Road, Ratmalana.

Currently held at the Polhengoda Military Police Headquarters.

Petitioner Vs

1. Major Mahesh Kumara, Sri Lanka Military Police Corps, Military Police Headquarters, Sri Lanka Army, Polhengoda.

2. Colonel Etipola, SS, Commanding Officer, Military Police Headquarters, Sri Lanka Army, Polhengoda

3. Fernando Officer of Sri Lanka Military Police Military Police Headquarters, Sri Lanka Army, Polhengoda.

4. Provost- Marshal Dias Officer of Sri Lanka Military Police Military Police Headquarters, Sri Lanka Army, Polhengoda.

5. Colonel Ediriweera, Commanding Officer, Sri Lanka Army, Alampilli Mulativu Camp, Mulativu.

6. Army Commander, Sri Lanka Army Headquarters, Colombo 01.

7. Hon. Attorney General Attorney General’s Department, Colombo 12. Respondents Before: B. P. Aluwihare, PC, J Priyantha Jayawardena PC, J P. Padman Surasena, J Counsel: Saliya Pieris PC with Danushka Rahubedda for the Petitioner Suharshi Herath, Senior State Counsel for the Attorney General Argued on: 26^th June, 2019 Decided on: 30^th October, 2023 Priyantha Jayawardena PC, J Petition The instant application was filed by an Attorney-at-Law (hereinafter referred to as “the petitioner”) on behalf of Captain Ambawalage Dammika Senaratne de Silva (hereinafter referred to as “the detainee”), who was detained in military custody at the time of filing the instant application. The petitioner stated that the detainee was serving as a Captain in the Sri Lanka Army at the time material to the application.

The petitioner further stated that the 1^st respondent is a Major of the Military Police of the Sri Lanka Army, in whose custody the detainee was kept. The 2^nd respondent is the Commanding Officer of the Military Police. The 3^rd and 4^th respondents are officers attached to the Military Police Headquarters, the 5^th respondent is the Commanding Officer of Alampili Army Camp (hereinafter referred to as “the Army camp”), where the detainee was serving and the 6^th respondent is the Commander of the Sri Lanka Army.

The petitioner stated that a soldier named Lance Corporal K.G. Saman Kumara (hereinafter referred to as “the deceased soldier”) died of gunshot injuries on the 22^nd of April, 2009 at the Nandikal Army Camp, where the detainee was serving as the ‘Officer Commanding’. Further, the 5^th respondent was the ‘Commanding Officer’ of the said Army Camp at that time. However, the deceased soldier was serving in a different Company at the time of his death.

The petitioner stated that in the log book at the Anuradhapura Army camp, which records the deaths of officers and soldiers of the Army, the cause of death of the deceased soldier was recorded as gunshot injuries sustained from the discharge of his own weapon.

The petitioner further stated that on the 30^th of May, 2009 the detainee was ordered by the 5^th respondent to take the body of another soldier attached to his Company who died of gunshot injuries, which were similar to the injuries suffered by Lance Corporal K.G. Saman Kumara a few days earlier. However, when the detainee was returning to his camp, he was informed that he had been relieved of his duties as the ‘Officer Commanding’ from the camp.

Thereafter, due to the adverse environment at the Army Camp that arose after the deaths of the said soldiers, the detainee requested the 5^th respondent to relieve him from his duties at the said camp and sought permission to report to the Regimental Headquarters at Panagoda.

The 5^th respondent permitted the said request of the detainee, and accordingly, the detainee reported to the Regimental Headquarters on the 10^th of June, 2009. Thereafter, the detainee took medical leave on the