Kandasamy Ponnammah vs The Army Commander, Army Head Quarters and others – CA PHC 110-2018-2024

In the case between Kandasamy Ponnammah (Appellant) and 1. The Army Commander, Army Head Quarters, Colombo 01; 2. The Officer Commanding, 211 Brigade, Kandy Road, Vavuniya; 3. The Officer Commanding, 563 Brigade, Omanthai, Vavuniya; 4. Hon. Attorney General, the court addressed whether the inquiry into the alleged unlawful detention of the Appellant’s son, Kandasamy Ravichandran, was adequate, and whether the evidence established illegal custody justifying a writ of habeas corpus. The court held that the inquiry was properly conducted by the Magistrate, but the evidence did not prove the corpus was detained by the Respondents. The application for the writ was dismissed, reaffirming the principle that the burden of proof remains with the applicant in habeas corpus proceedings. The decision