R.M. Wijerathne v. Lt. Gen. A.W.J.C. De Silva et al. – CA WRIT 211/2016-2016

In the case between R.M. Wijerathne (petitioner) and Lt. Gen. A.W.J.C. De Silva, Maj. Gen. K.C. Gunawardena, Maj. Gen. H.C.P. Gunathilake, and others (respondents), the court considered whether the Sri Lanka Army lawfully convened a second Court Martial against the petitioner on a charge of desertion, and whether such proceedings violated Section 56 of the Army Act regarding the time limitation for bringing disciplinary charges. It was determined that the Army’s actions—grounded in Regulation 70(2) classifying prolonged absent officers as deserters and Section 61(5) permitting a new Court Martial following a prior pending proceeding—were consistent with governing statutes and regulations. The application of Regulation 29(6) of the Volunteer Force was found not to restrict the Army’s discre