IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application for mandates in the nature of Writs of Certiorari and prohibition under and in terms of Article 140 of the constitution of the Democratic Socialist Republic of Sri Lanka.

CA. (Writ) Application No. 0377/2023 Fredrick Christopher Jerome Fernando, Hydepark Residencies, Apartment No. 4/2 No. 79, Hydepark Corner, Colombo 02.

And of:

No. 333, Orchard Road, Singapore

238867 and Farington House, 8, East Drive, London NW9, 4FE.

(Appearing by his Power of Attorney holder Wendy Abigail Lynette Fernando of 19/2 Menerigama Place, Mount Lavinia, NIC. 578382534V )

Petitioner Vs.

1. C.D. wickramaratne Inspector General of Police, Police Headquarters, Colombo 01.

2. Prasad Ranasinghe, Deputy Inspector General of Police, Criminal Investigations Department, Colombo 01.

3. Kavinda Piyasekera, Senior Superintendent of Police Director, Criminal Investigations Department, Colombo 01.

4. B.M.A.S.K. Senaratne, Chief Inspector of Police, Officer in Charge, Digital Forensic Laboratory and Training Unit, Criminal Investigations Department, Colombo 01.

5. The Hon. Attorney General, Attorney General’s Department, Colombo 12.

6. Ven. Agulugalle Siri Jinananda Thero, Executive Director -Buddhist Information Center, 529/19A, Jayamawatha, Kaduwela Road, Thalahena, Battaramulla.

7. Ven. Elle Gunawansa Thero, Dharmayatanaya, No. 371, Bauddhaloka Mawatha, Colombo 07.

8. Ven. Bengamuwe Nalaka Thero, Anunayake Sthavira, Sri Pagnanada, Dharmayaaya, Railway Station Road, Kelaniya.

9. Hadunneththi Iranga Widwath Mendis, Propaganda Secretary, ‘Pivithuru Hela Urumaya’, No.125, Model Farm Road, Colombo 08.

10. Hon.Thilina Gamage, Learned Magistrate- Fort.

Respondents Before: N. Bandula Karunarathna J. P/CA &

M.C.B.S. Morais J.

Counsel: Jagath Wickramanayake PC, with Ashique Hassim, and Niranjala Gunathilaka instructed by Tharushika Fernando for the Petitioner.

Shaminda Wickrama SSC, with Shemanthi Dunuwille SC, for the 1^st to 5^th Respondents.

Sanjeewa Jyawardena PC with Milhan Mohamed for the 6^th to 8^th Respondents.

Written Submissions: By the Petitioner – Not Filed.

By the Respondents – Not Filed.

Supported on: 04.10.2023. Decided On: 14.11.2023.

M.C.B.S. Morais J Heard all counsel in support and in oppose of this Application. Having considered the submissions and documents tendered by all parties we are of the view that there is an important matter to be decided in this case.

As this court is satisfied that there is a prima facie case to be looked into, by this court, we direct the Registrar of this court to issue formal notices to all the respondents.

The Petitioner prays for two interim orders by paragraphs ‘g’ and ‘h’ in the Petition dated 10^th July 2023. By prayer ‘g’ Petitioner seeks to prevent his arrest by the 1-5 Respondents (who will be referred to as Respondents) upon his return to Sri Lanka on the basis of Magistrate’s Court of Fort bearing No. MC/B/25599/2023. As per prayer ‘g’ the Petitioner seeks to stay the proceedings in the Magistrate’s Court of the same case until the determination of it.

In Addressing the first issue there are a few factors to be considered. That is whether the said B report (P9) discloses sufficient materials to issue a warrant to arrest the Petitioner. In any event on perusal of P9 after reporting certain factors, what the Respondents have sought is for them to be informed upon the Petitioner’s return to the country. Therefore, it can be seen that the Respondents have not sought an arrest warrant so far. However, the ulterior motive of the Respondents may be to arrest the petitioner upon being informed. The Petitioner submits that the Respondents have made a public statement to the effect that they are to arrest the Petitioner. Therefore, it is assumable that the respondents have sought the assistance of the court by directing the controller of Immigration and Emigration to inform the return of the Petitioner, in order to arrest him.

This issue whether the