Editor

PKW Wijesinghe vs Upali Chandrasiri SC/Spl. 19/2007

January 16, 2007March 30, 2021 Editor

On 15.1.2007, the petitioner was summoned to Wattegama Police Station on a complaint made by his niece regarding an allegation that had he obtained jewellery and a loan of Rs.100,000/- from the said complainant. The petitioner with his Attorney-at-Law Saman Ratnayake and one Jayawardena who is one of his friends went to the Police Station. At the Police Station Saman Ratnayake Attorney-at-Law explained to the 1st Respondent who conducted the inquiry that the complaint of the complainant was regarding a civil dispute and left the Police Station. Thereafter when the…

Manoj Talis vs Inspector Hiriyadeniya and others SC(FR) No. 430/2005

June 2, 2005March 30, 2021 Editor

The Petitioner complains that the 1st to 6th Respondents came to his house on 24.09.2005 around 9.15. p.m. and arrested the Petitioner. Thereafter the Petitioner was taken to Gokarella Police Station. The Petitioner complains that the 3rd Respondent slapped him, the 2nd Respondent gave a blow to his ear and the 1st Respondent hit him on his face inside the Police Station. This assaultaccording to the has taken place in a room of the Police Station. The 1st,2nd,3th,5th and 6th Respondents are directed to pay the said compensation to the…

SARJUN v KAMALDEEN AND TWO OTHERS, by supreme court. SC FR 559/03

May 14, 2003March 30, 2021 Editor

The petitioner and 3 others were transporting household furniture in their lorry, from Colombo to Katuwana. As they reached Habarana at night, he decided to spend the night at Habarana and parked the lorry on the side of the road. The petitioner had a permit to transport obtained under the Forest Ordinance, although a permit was not necessary The petitioner claims that he obtained same out of an abundance of caution valid from 1 p.m. on 18.9.03 to 12 noon 19.9.03. Later in the night the 1st respondent came up…

HUMAN RIGHTS COMMISSION OF SRI LANKA ACT, NO.21 OF 1996 ( Sinhala, English)

August 21, 1996April 8, 2021 Editor

L.D-O 12/94 AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF THE HUMAN RIGHTS COMMISSION OF SRI LANKA; TO SET OUT THE POWERS AND FUNCTIONS OF SUCHCOMMISSION; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO. Read the full act in english Read the full act in sinhala

Convention Against Torture And Other Cruel, Inhuman Or Degrading Treatment Or Punishment Act No 22 of 1994 ( Sinhala , Tamil, English)

December 23, 1994April 8, 2021 Editor

WHEREAS a Convention against Torture and other Cruel Inhuman or Degrading Treatment or Punishment, was signed in New York on December 10, 1984: AND WHEREAS by an instrument of accession dated December 14, 1993, and deposited with the Secretary- General of the United Nations Organization, on January 3, 1994, Sri Lanka has acceded to the aforesaid Convention : AND WHEREAS the aforesaid Convention has entered into force for Sri Lanka with effect from February 2, 1994: AND WHEREAS it has become necessary to make legislative provision to give effect to…

LUCAS APPUHAMY v. MATURATA AND OTHERS S.C. APPLICATION NO. 87/94.

October 11, 1994March 30, 2021 Editor

Where there were sufficient grounds for suspecting that a cognizable offence had been committed by the petitioner, his arrest without a warrant was in accordance with procedure prescribed by the Code of Criminal Procedure and therefore not in violation of Article 13(1) of the Constitution. Where the medical evidence of the injuries found on the petitioner was consistent with the version of the Police that they had been sustained in the process of the use of reasonable force in making the arrest, it cannot be said that a violation of…

SHANTHI CHANDRASEKERAM v. D. B. WIJETUNGA AND OTHERS, the judgement was for three habeas corpus applications by supreme court. S.C. 1/92. 2192, 3/92

May 4, 1992March 30, 2021 Editor

SHANTHI CHANDRASEKERAM v. D. B. WIJETUNGA AND OTHERS, the judgement was for three habeas corpus applications by supreme court. Fundamental Rights – Reference to the Supreme Court by Court of Appeal on the ground that was prima facie of infringement of Articles 11, 13(1) and 13(2) in three habeas corpus applications – Jurisdiction of Supreme Court in matters of infringement of fundamental rights. the judgement was the petition granted and I grant the Petitioner in each case a declaration that the detenu had been arrested in violation of Article 13(1),…

CHANNA PIERIS AND OTHERS v. ATTORNEY-GENERAL AND OTHERS, the Ratawesi Peramuna Case and judgement was given by supreme court. SC APPLICATIONS NO. 146/92 TO 154/92 AND 155/92 (SEVEN APPLICATIONS)

February 17, 1992March 30, 2021 Editor

The ten applications were by consent considered together. The applicants in the ten applications were granted leave to proceed for the alleged infringements of their rights guaranteed by Articles. The petitioners were participants in a “movement” called the Ratawesi Peramuna formed in November 1991 under the leadership of Atureliya Rathana and patali champika ranawaka. the disruption in January 1992 of the exhibition of posters in Matara and the resurgence of the JVP were discussed after which a manifesto was introduced by Champika Ranawake the petitioner in Application No. 154/92. There…

JAYASINGHE vs SAMARAWICKREMA AND OTHERS S.C. APPLICATION NO. 157/91

December 18, 1991March 30, 2021 Editor

The petitioner was arrested on 23.07.91 (though Police gave the date as 06.06.91) and taken to the Eheliyagoda Police Station, and questioned about suspected links there until 07.08.91, when he was taken to the Deraniyagala Police Station where he was tortured. The petitioner had disappeared after 23.07.91. On learning he was at Eheliyagoda Police Station the petitioner’s mother and father had visited him daily at the Police Station, Eheliyagoda between 26.07.81 and 07.08.91 and there he had not been assaulted. On 29.07.91 the petitioner’s mother had complained to the International…