Herath Mudiyanselage Karunarathna vs. Officer in Charge, Police Station of Aralaganwila – CA PHC 97/2019-2023

In the case between Herath Mudiyanselage Karunaratne (Appellant, the 2nd accused) and the Officer in Charge, Police Station of Aralaganwila, and the Attorney General (Respondents), the court addressed the legality of the Magistrate’s ex parte order under section 106 of the Code of Criminal Procedure to stop a public protest that blocked a main road. The court determined that the Magistrate’s order, intended to prevent a public nuisance and maintain road safety, was valid and did not violate the appellant’s constitutional right to freedom of speech and expression. The availability of an alternative remedy under section 106(4) and the appellant’s unjustifiable delay in seeking revision were deemed sufficient grounds to dismiss the appeal, with reliance placed on precedents such as Rashid Ali