Maithreepala Yapa Sirisena vs. Fort Magistrate’s Court et al. – CA WRIT/354/2022-2022

In Pallewaththa Gamaralalage Maithreepala Yapa Sirisena v. Hon. Magistrate, Fort Magistrate’s Court, Colombo 01 and Others, the court addressed whether a Magistrate may act upon a private plaint primarily reliant on material from a Presidential Commission of Inquiry, particularly concerning allegations against a former Minister of Defence. The holding established that, notwithstanding arguable legal issues including the interaction of the Commissions of Inquiry Act and the Code of Criminal Procedure Act, and questions over entitlement to institute proceedings using Commission material, interim injunctive relief was not warranted at this stage. However, it was underscored that steps adverse to the Petitioner should be avoided pending the final determination. The court’s reasoning emphasized