Niluka Dissanayake vs Major Mahesh Kumara et al. – SC FR APPLICATION NO. 556/2009-2023

In the case between Captain Ambawalage Dammika Senaratne de Silva (Petitioner) and several Respondents including Major Mahesh Kumara, Colonel Etipola, Colonel Ediriweera, the Army Commander, and the Attorney General, the Supreme Court addressed whether the detainee’s Fundamental Rights under Articles 12(1) and 13(2) of the Constitution were infringed by the manner of his arrest, detention, and subsequent treatment under military law. The court held that the detention was carried out with sufficient legal basis under the Army Act and relevant constitutional provisions, and that the legal procedures had not been violated. The principle reaffirmed is that actions taken in accordance with established law, especially within the context of military discipline and investigation, do not constitute