Air Vice Marshall Elmo Perera v. Liyanage and Others – sllr 2003 volume 1 page 331

In Air Vice Marshall Elmo Perera v. Liyanage and others, the court addressed the legality of the petitioner’s appointment to a commission of inquiry by the President and the subsequent validity of a fact-finding inquiry. The principal issue considered was whether certiorari could be issued to quash an inquiry into the petitioner’s conduct, given that the petitioner held office at the pleasure of the President and the inquiry itself was merely advisory. It was held that certiorari was not an available remedy in these circumstances, reaffirming the principle that judicial review is not warranted where the inquiry’s findings do not determine enforceable legal rights. This decision relied on interpretation of constitutional provisions and prior case law, emphasizing that, even if quashed, the