Gnendra Shani Abeysekara vs. Hon. Upaly Abeyrathne et al. – CA WRIT 0167/2020-2024

In the case between Gnendra Shani Abeysekara and the members of the Presidential Commission of Inquiry (including Hon. Upaly Abeyrathne, Daya Chandrasiri Jayathilaka, Chandra Fernando, among others), the court addressed the issue of whether the Commission had jurisdiction to conduct an investigation and issue findings and recommendations affecting a senior police officer. It was held that the Commission’s actions were ultra vires, arbitrary, and in breach of natural justice, and that its recommendations lacked legal effect. The principle was reaffirmed that findings and recommendations of a Commission of Inquiry must adhere strictly to statutory mandates and principles of fairness to be valid. The decision relied on the Commissions of Inquiry Act, relevant Gazette notifications, and admini