In its ruling, the Supreme Court concluded that the respondent parties, including the Road Development Authority (RDA), did not violate the fundamental rights of the petitioner in connection with the Passara bus accident that occurred in 2021, resulting in the tragic loss of 14 lives and injuries to 35 individuals.

The Fundamental Rights petition, filed by three children and their grandparents, alleged that the RDA's actions or inactions contributed to the accident that claimed the lives of their parents. The petitioners specifically claimed a violation of Article 12(1) of the Constitution.

The incident took place on March 20, 2021, at approximately 6:45 a.m., when a private bus en route from Lunugala to Colombo, carrying around 60 passengers, veered off the road and plunged into a 250-foot precipice near the 13th milepost on the Lunugala-Passara Road.

The petitioners contended that a boulder obstructing the road due to a landslide, four months prior to the accident, was a significant factor in their parents' deaths. While acknowledging the bus driver's negligence, the petitioners argued that the RDA's actions or omissions also contributed to the tragic outcome.

The Supreme Court considered the RDA's response, noting that the authority had taken steps to address more than 40 landslides since the initial incident. The RDA explained the challenges in promptly removing the boulder, citing the risk associated with normal blasting and the potential threat to houses during the monsoon season.

The court further acknowledged the RDA's precautionary measures, including warning signs, illuminated poles with stickers, and yellow tape placed at the double-bend, as evidenced by photographs submitted. Ultimately, the court, with the agreement of Justices Preethi Padman Surasena and Janak de Silva, decided to dismiss the petition without costs, and Justice Priyantha Fernando presided over this decision.

Counsel Thusitha Wijekoon represented the petitioners, while Deputy Solicitor General Lakmali Karunanayake appeared for the respondents, including the RDA.