Mallikarachchi v. Shiva Pasupati – sllr 1985 volume 1 page 074

In Mallikarachchi v. Shiva Pasupati, Attorney-General, the court addressed the issue of whether the Attorney-General is the proper party to be sued in proceedings challenging a presidential proscription order, given the President’s constitutional immunity under Article 35(1) and the exception under Article 35(3). It was determined that the President is absolutely immune from suit for official acts, and that the Attorney-General may be the proper respondent only where the specific exception in Article 35(3) applies. As the petitioner’s claims did not fall within this exception, the application was dismissed. The ruling reaffirmed the constitutional principle of presidential immunity, clarifying the procedural requirement for bringing actions against acts carried out under presidential autho