Sebastian Benadic and others vs Kodithuwakku Arachchilage Nihal Chandrakantha and others – NO. 335/2021-2023

In the case between Sebastian Benadic, Aiiyasamy Sellanayagi, Eugenia Nova, Eron Cleture Nova, Evan Galena Nova, and others (petitioners) and the Road Development Authority, police officials, government departments, and AMSK Constructions (Pvt) Ltd (respondents), the court addressed whether omissions or negligence in road safety maintenance—specifically concerning a hazardous boulder and deteriorated road conditions—resulted in the fatal Passara Bus Accident and breached fundamental rights under Article 12(1) of the Constitution. The holding established that, although a road hazard was present, the respondents had taken reasonable and measured actions, including controlled blasting operations and hazard warnings. It was found that no violation of the petitioners’ constitutional rights occu