Mohamed Ismail Wahabdeen vs. Judicial Service Commission et al. – CA WRIT/468/2021-2022

In the case between Mohamed Ismail Wahabdeen (Petitioner) and the Judicial Service Commission (including Jayantha Jayasuriya and others as Respondents), the court addressed the extent of disciplinary powers held by the Judicial Service Commission (JSC) under Article 111H(1) of the Sri Lankan Constitution, specifically in relation to the dismissal of a judicial officer for alleged judicial errors. The court examined whether Article 111K, an ouster clause, precluded the Court of Appeal from exercising writ jurisdiction against the JSC, alongside the maintainability of the application. It was determined that the JSC’s immunity does not preclude judicial review under Article 140 of the Constitution, reaffirming the principle that constitutional ouster clauses must be interpreted strictly and d