Nuwarapakshage Sumith Nilantha Jayadewa vs Air Marshal Harsha Abeywickrama – CA APPLICATION NO. WRIT 644/2011-2013

The case between Nuwarapakshage Sumith Nilantha Jayadewa (Petitioner) and Air Marshal Harsha Abeywickrama, Air Vice Marshal K.R.A. Ranasinghe, and others (Respondents) addressed the lawfulness of the petitioner’s demotion within the Sri Lanka Air Force after disciplinary punishment and whether such an order, purportedly approved by the President, is immune from judicial review. It was held that the demotion was lawful and not subject to judicial review, reaffirming the principle that orders made by the President in exercise of constitutional powers are immune from court challenge. The decision relied on relevant constitutional provisions, establishing that the President’s approval renders such administrative actions final and beyond the court’s jurisdiction.

S. Sriskandarajah J. — The ju