Bandaranaike v. Weeraratne and Two Others – 1978_79 volume 2 page 412

In Bandaranaike v. Weeraratne and Two Others, the court addressed whether the Special Presidential Commission of Inquiry Law No. 7 of 1978 could be applied retrospectively to acts committed prior to its enactment and whether the Commission’s actions fell within the writ jurisdiction of the Court of Appeal. It was held that the law was only intended to operate prospectively, and that retrospective application was ultra vires. The principle reaffirmed was that new legislation affecting rights or imposing penalties cannot ordinarily operate retrospectively unless clearly expressed. Existing constitutional and statutory safeguards were emphasized, resulting in the issuance of a Writ of Prohibition restraining the Commission from further inquiry into alleged past acts, and confirming the petiti