Gnendra Shani Abeysekara v. Hon. Upaly Abeyrathne and others – COC/10/2021-2023

In the case between Gnendra Shani Abeysekara (Applicant) and Hon. Upaly Abeyrathne, Daya Chandrasiri Jayathilaka, and Chandra Fernando (Respondents), the issue addressed involved whether an undertaking by the Presidential Commission of Inquiry—specifying that the absence of the petitioner would not be held against him—precluded the Commission from making adverse recommendations and findings. It was held that there existed a prima facie case establishing that the terms of the undertaking had been violated when recommendations and adverse actions were taken against the petitioner, emphasizing that judicial undertakings limiting prejudice must be strictly observed. Reliance was placed on principles of procedural fairness and the substantive effect of undertakings provided to courts, underscor