Category: Judicial Review
Offence of cheating
Case Background Kapila Nishshanka Kumarage v. Officer-in-Charge, Special Crimes Investigation Bureau, Police Station, Ratnapura (SC Appeal No. 51/18) The case involved an appeal by Kapila Nishshanka Kumarage, who was convicted of the charge of “cheating” under Section 403 of the Penal Code of Sri Lanka. Kumarage had allegedly obtained a sum of Rs. 800,000 from…
Centre for Policy Alternatives v. Attorney General and Related Petitions (SC/FR/91/2021)
Background This case, heard in the Supreme Court of Sri Lanka, involved three fundamental rights applications filed by the Centre for Policy Alternatives and other petitioners. The petitioners challenged the legality and constitutionality of the Prevention of Terrorism (De-radicalization from holding violent extremist religious ideology) Regulations No. 1 of 2021 (referred to as the “impugned Regulations”), introduced…
Coca-Cola Beverages Sri Lanka Ltd. v. Public Health Officer, Mahasenpura
Background of the Case The case involves Coca-Cola Beverages Sri Lanka Ltd., accused of violating Sri Lanka’s Food Act, No. 26 of 1980, and Food (Labelling and Advertising) Regulations 2005 by selling a bottle of “Lion” ginger beer that allegedly lacked essential label information, including the batch number, date of manufacture, and expiry date. The…
Attorney General v. Hemasiri Fernando (SC TAB 02/2023)
1. Introduction This case involves an appeal to the Supreme Court of Sri Lanka by the Attorney General challenging the acquittal of Hemasiri Fernando, the former Secretary of the Ministry of Defence, who faced multiple charges related to the tragic Easter Sunday bombings of April 21, 2019. These bombings, carried out by suicide attackers, resulted in…
W.M. Mendis & Co. Ltd & Anr. v. I.M.S. Bandara Illangasinghe & Others (CA/WRIT/704/2024)
1. Background of the Case This case concerns an application for a writ of Certiorari filed by the petitioners, W.M. Mendis & Co. Ltd and its director, Mr. Anthony Randev Dinendra John, challenging certain orders made by the Magistrate’s Court of Colombo related to unpaid taxes. The case was argued before the Court of Appeal of Sri Lanka,…
Court of Appeal Judgement on Protection, Well-being, and Registration of Elephants in Sri Lanka
Case Overview The case involves applications for mandates in the nature of Writs of Certiorari, Prohibition, and Mandamus in terms of Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka. The Petitioners are primarily challenging the Fauna and Flora (Protection, Well-being, and Regularization of Registration of Tamed Elephants) Regulations No. 01…