Herath Mudiyanselage Vijitha Herath v. Inspector General of Police et al. – CA 08/2015-2015

In the case between Herath Mudiyanselage Vijitha Herath (Petitioner) and, inter alia, the Inspector General of Police and Shanmugam Kumaran Tharmalingham alias KP (Respondents), the court addressed the issue of whether a Writ of Mandamus should be issued to compel police and governmental authorities to arrest, investigate, and initiate proceedings against the 8th respondent for alleged offences, based on materials provided by the Petitioner. It was determined that the issuance of Mandamus is limited to compelling performance of clear statutory and ministerial duties, not discretionary or judgmental acts by authorities. The court held that the sought directions involved areas of official discretion and therefore fell outside the scope of Mandamus, reaffirming the key principle that Mandamus

REF: CA 08/2015-2015 Category: Tag:
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