I.P.D.P. Kulasuriya vs Air Marshal Harsha Abewickrama and others – SC FR 403/2015-2025

In the matter of I.P.D.P. Kulasuriya (Petitioner) and Danushka Mihiran Arumappemachchi (Petitioner) against Air Marshal Harsha Abewickrama and others (Respondents), the Court addressed the maintainability of Fundamental Rights applications due to prescription. The applications alleged Fundamental Rights violations on 10/09/2015 but were filed on 30/10/2015, beyond the stipulated one-month period under Article 126(2) of the Constitution. While a complaint to the Human Rights Commission of Sri Lanka (HRCSL) on 01/10/2015 was cited to invoke an exception under Section 13(1) of the Human Rights Commission Act, it was determined that no evidence of a pending inquiry before the HRCSL was provided. The Court held that the Petitioner bore the burden of proving the exception, which was not discharg