Malraj Piyasena v. Attorney-General and Others – sllr 2007 volume 2 page 117

In the case between Malraj Piyasena (Plaintiff) and the Attorney-General and Others, including the Associated Newspapers of Ceylon Ltd. (Defendants), the court addressed whether a limited liability company, namely ANCL, is subject to the fundamental rights jurisdiction under Article 126 of the Constitution. The issue arose following the plaintiff’s claim of a violation of fundamental rights related to a promotion decision at ANCL. Preliminary objections were raised contesting that ANCL did not constitute an arm of the State and that procedural requirements under Supreme Court Rule 44(1)(c) concerning the tendering of documents were unmet. The court held that ANCL is an instrumentality or agency of the State and that its actions amount to executive or administrative action within the meanin