Mohamed Ishak v. Morais – sllr 1996 volume 1 page 145

In MOHAMED ISHAK (Petitioner) v. MORAIS (Respondent), the court addressed the legality and procedural propriety of an inquiry initiated against the petitioner, who was suspended from his position as Chairman of the Kuchchaveli Pradeshiya Sabha. Central issues included whether the inquiry could be properly conducted outside the jurisdiction of the North East Provincial Council, the fairness of conducting proceedings in English rather than the petitioner’s mother tongue (Tamil), and the impact of political context and venue on the fairness of the proceedings. The holding established that the inquiry, as constituted, was fatally flawed due to being held in Colombo without appropriate procedural safeguards, effective opportunity for objection, or guarantee of a fair trial. The governing princi