Ratnayake Menike v. Dayananda and Others – sllr 2004 volume 1 page 057

In the case between Dharmaratne (Plaintiff) and Samaraweera and Others (Defendants), the Supreme Court examined whether the proceedings before the sole Commission of Inquiry, appointed under the Commissions of Inquiry Act, breached the principles of natural justice. The core legal issues addressed involved the denial of proper notice and a fair opportunity to be heard for the appellants, the Commission’s alleged ultra vires actions, and the application of the laches doctrine by the Court of Appeal. The findings established that the inquiry was conducted in violation of the audi alteram partem rule and the Commission exceeded its statutory powers in recommending deprivation of civic rights and initiation of criminal prosecution. The appellate court’s reliance on laches without giving the ap