John Xaviour Fernando v. C.D. Wickramaratne et al – CA WRIT/200/2022-2022

In the case between Johnston Xaviour Fernando (Petitioner) and C. D. Wickramaratne (Inspector General of Police) alongside others (Respondents), the court addressed whether the Petitioner’s speech, as documented in the record, constituted an offense sufficient to justify arrest and whether interim restraint against enforcement of a Magistrate’s arrest warrant was proper. The holding established that, while a warrant for arrest had been issued by the Magistrate’s Court, outright restraint was not warranted; instead, specific interim relief was granted permitting non-execution of the warrant if the Petitioner surrendered by a specified deadline, with subsequent procedure outlined. The principle reaffirmed that judicial intervention regarding arrest warrants must not intrude upon the Magistra