Daily Mirror: Sri Lanka: Saturday, 21 March 2026.
Colombo, March 21 (Daily
Mirror) - The Court of Appeal has ruled that invoking national security cannot
serve as a “blanket or unreviewable justification” to deny access to
information, in a significant judgement reinforcing the principles of
transparency under the Right to Information Act No. 12 of 2016.
The ruling was delivered in an appeal filed by the Sri Lanka Navy challenging a decision of the Right to Information (RTI) Commission, which had directed the Navy to disclose details relating to media reports that former President Gotabaya Rajapaksa boarded the naval vessel SLNS Gajabahu in July 2022 specifically, the cost of the voyage and the source of payment.
Delivering the judgement, Justice Dr. Sumudu Premachandra, with Justice R. Gurusinghe agreeing, held that the Navy had failed to demonstrate a clear nexus between the disclosure of the requested financial information and any genuine threat to national security under Section 5(1) (a) of the RTI Act.
“In the absence of specific evidence, reliance on national security amounts to a generalised assertion or mere claim. It cannot be treated as a panacea and is insufficient to meet the statutory threshold,” Justice Premachandra observed.
The Court accordingly affirmed the RTI Commission’s directive and dismissed the Navy’s appeal without costs.
The case originated from a Right to Information request submitted in September 2022 by A.A.M.R. Ali, seeking information on reports that former President Rajapaksa had boarded SLNS Gajabahu during a critical period in July 2022. The request sought eight categories of information, including confirmation of the boarding, details of the vessel, duration and route, identities of accompanying persons, total cost incurred, and the source of funding.
The Navy initially rejected the request in November 2022, citing Section 5(1) (b)(i) of the RTI Act, which permits refusal where disclosure may harm national security or defence. The applicant subsequently appealed to the Right to Information Commission.
Following hearings in 2023, the Commission issued a split decision on August 29, 2023. While upholding the Navy’s refusal to disclose several operational details, it directed the release of information relating to the cost of the voyage and who bore the expense. Challenging this directive, the former Navy Commander sought relief before the Court of Appeal.
Senior State Counsel Sehan Soyza appeared for the Appellant. Counsel Rushdhie Habeeb instructed by A.N. Manathunga Arachchi appeared for the Appellant-Respondent. Counsel Aruni Senarathna appeared for the RTI Commission.
The ruling was delivered in an appeal filed by the Sri Lanka Navy challenging a decision of the Right to Information (RTI) Commission, which had directed the Navy to disclose details relating to media reports that former President Gotabaya Rajapaksa boarded the naval vessel SLNS Gajabahu in July 2022 specifically, the cost of the voyage and the source of payment.
Delivering the judgement, Justice Dr. Sumudu Premachandra, with Justice R. Gurusinghe agreeing, held that the Navy had failed to demonstrate a clear nexus between the disclosure of the requested financial information and any genuine threat to national security under Section 5(1) (a) of the RTI Act.
“In the absence of specific evidence, reliance on national security amounts to a generalised assertion or mere claim. It cannot be treated as a panacea and is insufficient to meet the statutory threshold,” Justice Premachandra observed.
The Court accordingly affirmed the RTI Commission’s directive and dismissed the Navy’s appeal without costs.
The case originated from a Right to Information request submitted in September 2022 by A.A.M.R. Ali, seeking information on reports that former President Rajapaksa had boarded SLNS Gajabahu during a critical period in July 2022. The request sought eight categories of information, including confirmation of the boarding, details of the vessel, duration and route, identities of accompanying persons, total cost incurred, and the source of funding.
The Navy initially rejected the request in November 2022, citing Section 5(1) (b)(i) of the RTI Act, which permits refusal where disclosure may harm national security or defence. The applicant subsequently appealed to the Right to Information Commission.
Following hearings in 2023, the Commission issued a split decision on August 29, 2023. While upholding the Navy’s refusal to disclose several operational details, it directed the release of information relating to the cost of the voyage and who bore the expense. Challenging this directive, the former Navy Commander sought relief before the Court of Appeal.
Senior State Counsel Sehan Soyza appeared for the Appellant. Counsel Rushdhie Habeeb instructed by A.N. Manathunga Arachchi appeared for the Appellant-Respondent. Counsel Aruni Senarathna appeared for the RTI Commission.
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