Sithambiralage Martin Sebastian Premalal Perera et al. v. Tissa Karalliyadda et al. – SC F.R. APPLICATION NO. 891/2009-2016

Brief
In the case between several petitioners, who were members of the Homeopathic Council, and the Minister of Indigenous Medicine and related government officials, the court addressed whether the removal of council members by the Minister violated constitutional and statutory protections. It was held that the removals, carried out without notice or an opportunity to be heard, violated the principles of natural justice, specifically audi alteram partem, and were ultra vires the powers conferred by the Homeopathy Act. The court reaffirmed that ministerial discretion under the relevant statute does not permit arbitrary removal of council members and that statutory and constitutional guarantees of fair procedure must be observed. The court relied on statutory interpretation of Sections 10, 1