Kulatunga vs. Hon Lokubandara – sllr 2010 volume 2 page 016

In the case between Kulatunga (petitioner) and Hon Lokubandara (respondent) with associated parties, the court addressed the issue of whether an application alleging infringement of fundamental rights under Articles 12(1), 17, and 126 of the Constitution was lodged within the constitutionally mandated one-month period. It was held that the application was time barred, as the petitioner did not provide an adequate explanation for the delay and the circumstances did not justify a departure from the strict timeline. The principle reaffirmed is that the one-month time limit in Article 126 is mandatory, permitting extension only under exceptional and substantiated circumstances such as incommunicado detention or impossibility, which were absent in this instance. Reliance was placed on constitut