Fonseka vs. Lt. General Jagath Jayasuriya and Five Others – sllr 2011 volume 2 page 372

In Fonseka v. Lt. General Jagath Jayasuriya and Others, the Supreme Court addressed whether an application for a writ of certiorari challenging a Court Martial conviction and sentence was sustainable in light of alleged suppression of material facts, procedural irregularities, and potential bias among tribunal members. It was determined that the petitioner’s non-disclosure of all material facts and misrepresentation justified dismissal of the application at the preliminary stage, reaffirming the principle that parties seeking extraordinary remedies must act with uberrima fides (utmost good faith) and disclose every material circumstance to the court. This decision relied on established judicial principles regarding ex parte applications and the requirement for candor, underscoring that the