Jaliya Wickramasuriya vs. Thilak Marapana et al. – CA WRIT APPLICATION NO.416/2017-2021

In the case between Mr. Jaliya Chithran Wickramasuriya (Plaintiff), former Sri Lankan diplomat, and the Minister of Foreign Affairs, Secretary to the Ministry of Foreign Affairs, and Attorney General (Respondents), the Supreme Court addressed the lawfulness of waiving the petitioner’s diplomatic immunity under the Vienna Convention and domestic law. The core issue concerned whether the waiver—allegedly based on Presidential instruction and executed via the Ministry of Foreign Affairs—had legal validity, particularly in regards to acts committed during the petitioner’s ambassadorial tenure. The findings established that major factual disputes existed regarding the authenticity and authority for the waiver, and the appeal was dismissed with costs. The judgment reaffirmed principles relating