Lt. Col. R. D. Gamini Ranwala vs Lt. Gen. Sarath Fonseka – CA WRIT/830/2008-2016

In the case between Lt. Col. R.D. Gamini Ranwala (Petitioner) and Lt. Gen. Sarath Fonseka, Lt. Gen. L.R. Illukkumbura, Cap. C.C. Weeraratne, Cap. P.A.S. Wijesinghe, and Maj. K.R.S.P.K. Kahagelle (Respondents), the court addressed the legal validity of the withdrawal of the Petitioner’s commission from the Sri Lanka Army based on the recommendations of a Court of Inquiry (COI) without recourse to a summary trial or court martial as provided under the Army Act. It was held that punitive or disciplinary actions must follow due process prescribed by statute, notably requiring formal proceedings such as a summary trial or court martial, and cannot rest solely on COI findings. The key legal principle reaffirmed is that a COI may only record evidence and has no authority to impose punishment. The

REF: CA WRIT/830/2008-2016 Category: Tag:
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