IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Application for Special Leave to Appeal under and in terms of Article 128 (2) of the Constitution of the Democratic Socialist Republic of Sri Lanka

1. Wickremasinghage Francis Kulasooriya

2. Devamuni Lakshman De Silva Presently remanded at;

Remand Prison, Mahara.

Petitioners SC Appeal 52/2021 SC (SPL) LA No. 410/2018 CA (Writ) Application No. 338/2011 Vs, 1. Officer-in-Charge, Police Station, Kirindiwela. 2. Hon. Attorney General, Attorney General’s Department, Colombo 12.

3. W. Aravinda Perera, The Magistrate of Pugoda, Magistrate’s Court of Pugoda, Pugoda.

3A. D. A. R. Pathirana, The Magistrate of Pugoda, Magistrate’s Court of Pugoda, Pugoda.

4. Amaraginghe Arachchige Simon Amarasinghe, 172B, Siyabalagahawatta, Pepiliyawala. Respondents And now Between

1. Wickremasinghage Francis Kulasooriya

49/1, Kathuruwatte, Mudungoda, Gampaha.

2. Devamuni Lakshman De Silva No. 246/A, Kudagoda, Horampella, Minuwangoda.

Petitioner- Petitioners Vs, 1. Officer-in-Charge, Police Station, Kirindiwela. 2. Hon. Attorney General, Attorney General’s Department, Colombo 12.

3. W. Aravinda Perera, The Magistrate of Pugoda, Magistrate’s Court of Pugoda, Pugoda.

3A. D. A. R. Pathirana, The Magistrate of Pugoda, Magistrate’s Court of Pugoda, Pugoda.

4. Amaraginghe Arachchige Simon Amarasinghe, 172B, Siyabalagahawatta, Pepiliyawala.

Respondents-Respondents Before: Justice Vijith K. Malalgoda PC Justice E.A.G.R. Amarasekara Justice K.K. Wickremasinghe Counsel: Shantha Jayawardena with Chamara Nanayakkarawasam instructed by S. Kaluarachchi for the Petitioner-Appellants Rohantha Abeysuriya, PC, ASG, with Malik Azeez, SC, for the 1^st and 2^nd Respondent-

Respondents Pulasthi Hewamanna with Ms. Fadhila Fairoze for the 4^th Respondent-Respondent Argued on: 13.09.2022 Decided on: 14.07.2023 Vijith K. Malalgoda PC J The Petitioners to the instant application namely, Wickremasinghage Francis Kulasooriya and Devamuni Lakshman De Silva had sought special leave to appeal against the Judgment by the Court of Appeal in CA Writ Application 338/2011 dated 22.10.2018.

This Court after considering the material placed on behalf of all parties, decided to grant special leave to appeal on the questions of law referred to in paragraph 10 (a) and (c) of the petition dated

03.12.2018 which reads as follows;

10 (a) Did the Court of Appeal err in law in failing to appreciate that in view of the extraordinary circumstances, the Petitioners’ application was a fit and proper case for the Court of Appeal to exercise its writ jurisdiction under Article 140 of the Constitution?

(c) Did the Court of Appeal err in law in failing to appreciate that the mere availability of an alternative remedy does not prevent the Court of Appeal from exercising Writ Jurisdiction under Article 140 of the Constitution?

As revealed before us the 1^st Petitioner was a Sub-Inspector of Police and the 2^nd Petitioner was a Police Constable serving at the Kirindiwela Police Station. According to the two Petitioners, while they were on mobile duty on 13.08.2010, at about 20.55 hours they were informed by the Kirindiwela Police Station that a person under the influence of liquor was behaving violently and causing a nuisance to the public close to the Pepiliyawala Junction within the Police area of Kirindiwela. The Petitioners who proceeded to the Pepiliyawala Junction in a single cab of Kirindiwela Police Station arrested one Amarasinghe Arachchige David Amarasinghe for his unruly behavior under the influence of liquor. When the cab proceeded towards Kirindiwela Police Station after getting him into the rear portion of the cab, the suspect jumped out of the moving cab and was lying on the road with bleeding injuries. With the assistance of the public, the injured were rushed to Radawana Hospital. The injured who was transferred to Gampaha Hospital and thereafter to National Hospital succumbed to his injuries in the early hours of 14^th August 201