IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application for mandates like writs of Certiorari, Mandamus, Prohibition under and in terms of Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

WRIT 534-2023 Oday I.M. Hommus No. 397 Galle Road, Hikkaduwa Petitioner V.

1. Mendis Sub Inspector of Police Officer in Charge Galle Crimes Division, Galle.

2. Keerthi Chief Inspector of Police Officer in Charge Galle Crimes Division, Galle 3. Superintendent of Police Galle Crime Division Galle

4. Hon. Magistrate of Galle Galle Magistrates Court Galle.

Respondents Before : N. Bandula Karunarathna P/CA, J B. Sasi Mahendran, J Counsel: Upul Jayasuriya, PC. With Laknath Seneviratne for the Petitioner Shanaka Wijesinghe, ASG for the Respondents Written Submissions: 11.01.2024 (by the Petitioner)

On Argued On: 19.02.2024. Judgment On: 22.03.2024 B. Sasi Mahendran, J This is an order pertaining to whether the notice of Certiorari and Mandamus is to be issued to the Respondents.

The Petitioner filed the application on 14th September 2023 seeking inter alia, for a mandate in the nature of;

a. Issue notice on the Respondents named herein in the 1st instance;

b. Grant and issue a mandate in the nature of a Writ of Certiorari quashing the B report dated 17.05.2023 marked as P-5(a);

c. Grant and issue a mandate in the nature of a Writ of Certiorari quashing the further report dated 01.06.2023 marked as P-5(b);

d. Grant and issue a mandate in the nature of a Writ of Certiorari quashing the arrest of the Petitioner;

e. Grant and issue a mandate in the nature of a Writ of Certiorari quashing the proceedings in case bearing No. B 1692/23in the Magistrate Court of Galle;

f. Grant and issue a mandate in the nature of a Writ of Mandamus directing the 4th Respondent Learned Magistrate to discharge the Petitioner;

g. Grant and issue an Interim order directing the 4th Respondent Learned Magistrate to release the passport and other belongings of the Petitioner which are productions in the case bearing No. B 1692/23 in the Magistrate’s Court of Galle;

h. Grant and issue an Interim order suspending and/ or staying further proceedings in case bearing No. B 1692/23 in the Magistrate’s Court of Galle after the grant of the relief prayed for in prayer (g), until a final determination of this application;

i. Grant costs; and j. Grant such other and further reliefs that Your Lordships shall seem meet.

The facts of this case are briefly summarized as follows, According to the Petition, the Petitioner, a Palestinian national, was successfully managing his business in Palestine. He originally visited Sri Lanka on a tourist “visit” visa. However, the Petitioner misplaced his passport bearing No. 5267641. Consequently, the Petitioner changed his tourist visa to a working visa, and on or about 01.03.2023, he successfully had his visa status changed to “marketing manager” of Habibi Hostel (Pvt)

Ltd., as reflected in the documents marked P-2.

Thereafter, the Petitioner was arrested on 16.05.2023 by the police for not having a valid visa and passport, based on information provided by the Immigration and Emigration Office. The B report bearing No. 1692/23, dated 17.05.2023, filed by the 1st Respondent, states that the 2nd Respondent had informed that the Petitioner did not have a valid passport and visa and was illegally staying in Sri Lanka, operating a barber salon.

The 2nd Respondent then took steps to arrest the Petitioner.

The question at hand is whether the arrest made on the Petitioner is illegal.

As stated by His Lordship Justice Grero in Desmond Perera and Others v.

Karunarathne, Commissioner of National Housing and Others, (1994) 3 SLR page 316, at pages 329 and 330: “As pointed out by the learned President's Counsel for the 3rd respondent, Lord Diplock in the case of CCSV v. Minister for the Civil Service (1984) UKHL 9, clearly classified under three heads the grounds on which administrative action could be subje