Gunasekera and Weerasekera v Jayasinghe – sllr 1999 volume 2 page 385

In Jayasinghe and Others v. R. S. Jayaratne, Secretary, Ministry of Public Administration and Others, the court addressed whether a fundamental rights application may be referred to the Human Rights Commission before leave to proceed is granted, and the extent of the Commission’s role in inquiring and reporting on such applications. It was held that a reference may be made under section 12(1) of the Act at the preliminary stage, as the initial hearing for leave to proceed qualifies as a judicial hearing. The findings clarified that the Human Rights Commission’s report is not binding on the parties or the court, and the statutory provisions permit seeking the Commission’s collective wisdom to aid—but not supplant—the court’s adjudicative function. Statutory interpretation of sections 11, 12