Commander M.S.D. Perera vs. Commander of the Sri Lanka Navy – CA WRIT 0272/2024-2025

The court addressed the legality of appointing a new Judge Advocate to an existing Court Martial without prior dissolution, as required by Section 42(3) of the Navy Act. It was held that the continuation of the Court Martial under these circumstances was ultra vires and contravened the statutory requirements. The legal reasoning emphasized that the specificity of Section 42(3) of the Navy Act overrides the general provisions of the Judicature Act, applying the legal maxim generalia specialibus non derogant and the ejusdem generis rule. As a result, the actions taken after the unauthorized appointment were void, with the court granting a writ of certiorari to quash impugned orders and a writ of mandamus directing dissolution of the Court Martial, with costs to be borne individually.

Dr.