Sumanasiri G. Liyanage vs H.E. Mahinda Rajapakse, President of Sri Lanka – SC FR 297/2008-2021

In the case of Sumanasiri G. Liyanage and others v. H.E. Mahinda Rajapakse (President) and others, the Court addressed whether acts or omissions by the President—specifically the non-appointment of the Constitutional Council under Article 41A and the appointment of the Attorney General without procedural approval under Article 41C—are subject to judicial review, considering the constitutional immunity under Article 35. It was held that the impugned actions do not fall within the exceptions to presidential immunity as specified in Article 35(3) of the Constitution. The applications were dismissed as wrongly constituted with no order as to costs. The decision reaffirmed the principle that, under Sri Lankan constitutional law, legal proceedings against the President in respect of acts done in