Jayantha Liyanage vs Lalith Weeratunga – CA WRIT APPLICATION NO 352/2012-2013

In the case between Jayantha Liyanage (Petitioner) and Lalith Weeratunga (Secretary to the President of Sri Lanka) and others (Respondents), the court addressed the issue of whether a writ of mandamus should be issued compelling the Secretary to the President to reconvene the Lesson Learnt and Reconciliation Commission (LLRC) and to consider the petitioner’s submissions for an addendum to the final report. It was held that no such writ could be issued because the petitioner failed to establish a legal right, nor was there a legal duty on the respondents to act as sought. The principle reaffirmed is that mandamus will not issue absent a demonstrable legal right or duty. Reliance was placed on the constitution of the LLRC, its mandate, and the scope of judicial review respecting commissions.