Author: Editor

Another suspect dies in police custody

Editor

A suspect arrested by the Matugama Police has died suddenly. The deceased has been identified as Vidanage, Bellanagama Dhanuka Saliya, (40) who lived in No. 49, Yatadola. The suspect was arrested by the Matugama Police yesterday (22) in connection with a kassippu charge and fell ill. He was rushed to the Wettewa Government Hospital in Matugama due to mucus coming out of his mouth, but he had already died, hospital sources said. The body has been sent to the Nagoda Hospital, Kalutara for an autopsy. Eight suspects have died in…

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07 killed in police custody over last 8 months

Editor

The police act in a very careless manner towards the suspects who are being arrested and those who are about to be arrested. The most recent example was the Sooriyawewa police chasing a motorcycle and shooting dead two men on information that a gold necklace tied around a woman’s neck had been stolen. The deceased have been identified as Wickramage Wasantha alias Kadawara Putha (32) of Koggalla, Amlantota and Mahesh Krishantha Epa Kankanamlage(34), Akkarakalgoda, Ambalantota. Tissamaharama Police have informed the surrounding police that the two had robbed a woman of…

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Rajakaruna Herath Mudiyanselage Keerthirathna, Surakkulama, Mudalakkuliya. Vs Premarathna Police Constable, Police Station, Anamaduwa. And Another | No. 491/2011

Editor

The Petitioner in his petition states that the 1st Respondent, Police Constable, Premarathna attached to Anamaduwa Police Station, on 18/01/2011 came to his residence and wanted to arrest him on a warrant issued by the learned Magistrate of Anamaduwa; that the 1st Respondent on 18/01/2011 did not arrest when he was told that the Petitioner was suffering from an ailment called Epilepsy; that on 19/01/2011 when he (the Petitioner) went to the Anamaduwa Police Station with his father-in-law, he (the Petitioner) was arrested by the 1st Respondent and put him…

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Dodampe Gamage Asantha Aravinda vs Atapattu (21899) Police Sergeant, Police Station, Pitabeddara, Bandu Saman (64017) Police Constable, Police Station, Pitabeddara and another | No:26/2009

Editor

The Petitioner, by this petition, inter alia, seeks a declaration to the effect that his fundamental rights guaranteed under Article 11,12(1),13(1) and 13(2) of the Constitution have been violated by the Respondents . This Court by its order dated 11.2.2009, granted leave to proceed for alleged violation of Article 11 and 12(1) of the Constitution. The Petitioner in his petition alleges the following facts. When the petitioner on 28.2.2008 riding his motor cycle with his friend Thushara Chaminda on the pillion in Pitabeddara (name of a village) area, lorry driven…

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SAMARAKOON AND OTHERS VS UNIVERSITY GRANTS COMMISSION AND OTHERS | 2005 1SLR 119

Editor

Fundamental Rights – Petitioners who qualified to join Medical Faculty from Kandy District according to policy declared in Hand Book excluded – Legitimate expectations – Article 12(1) of the Constitution. According to the Hand Book for the academic year 2000/2001 published by the University Grants Commission (UGC) it was declared that 900 places will be available for intake of students to medical faculties of all the Universities in this country. Out of this number and as per the marking scheme, 54 places had to be allocated to the Kandy District.…

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FAROOK VS DHARMARATNE, CHAIRMAN, PROVINCIAL PUBLIC SERVICE COMMISSION, UVA AND OTHERS | 2005 1SLR 133

Editor

The petitioner who was in Grade l-l of the Sri Lanka Principals’ Service was not eligible to apply for the post of Principal of Sir Razick Fareed Maha Vidyaiaya. Flowever, with the support of the Provincial Chief Minister of the Uva Province, he first became Principal of Liyanagahawela Tamil Vidyaiaya for which he was not eligible and thereafter by deceit and with the support of the Provincial Ministry of Education he obtained an appointment as Principal of Razick Fareed Maha Vidyaiaya. When the 05th respondent the Provincial Director of Education,…

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ERANDAKA AND ANOTHER V HALWELA, OFFICER-IN-CHARGE, POLICE STATION, HAKMANA AND OTHERS

Editor

The two petitioners were arrested on the morning of 14.8.2001 by the 2nd and 3rd respondent police officers and other police officers for alleged theft of a water pump. They were examined by a medical officer of a hospital at noon the same day who found no injuries on them. The same day they were produced before a Magistrate who remanded them until 23.8.2001. Thereafter they complained to court that they were assaulted by the 2nd and 3rd respondents and another police officer at the police station and also by…

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Lama Hewage Lal DECEASED 1. Wewalage Rani Fernando (wife of the deceased) 2. Lama Hewage Janaka, 3. Lama Hewage Sampath 4. Lama Hewage Malsha Nadeeshani (Minor children of the deceased, appearing through their mother) Wewalage Rani Fernando (Guardian an-Litem) All of No. 90/1, Medawatte, Seeduwa South, Seeduwa PETITIONERS vs. 1. Officer – in – Charge, Minor Offences, Seeduwa Police Station, Seeduwa. 2. Officer – in –Charge, Police Station, Seeduwa. 3. Ratnayake, Officer – in – Charge, Negombo Prison, Negombo. 4. The Chief Jailer, Negombo Prison, Negombo. 5. Superintendent of Prison, Negombo Prison, Negombo. 6. Inspector of General of Police, Police Head Quarters, Colombo-1 7. Commissioner General of Prison, |

Editor

This is an application filed by the wife and three minor children of one Lama Hewage Lal who was arrested by the officials of the Seeduwa Police Station. Subsequently he had died whilst in the custody of the Negombo Prison Officials. The Petitioners alleged that the said Lama Hewage Lal (hereinafter referred to as the deceased) died as a result of torture while in detention and therefore at a time when he was deprived of his personal liberty. They have prayed for a declaration that the deceased’s fundamental rights guaranteed…

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SRIYANI SILVA v IDDAMALGODA, OFFICER-IN-CHARGE, POLICE STATION PAIYAGALA AND OTHERS | 2003 2SLR 63

Editor

The petitioner is the widow of an army deserter (deceased) against whom there was also an open warrant signed by the Magistrate for possession of illicit liquor and distilling equipment. On 12.06.2000 the 2nd respondent OIC (Crimes) Paiyagala Police Station, arrested the deserter and took him to the police station where he was detained until the 17th. The petitioner and deceased’s mother and sister stated that they visited the deceased on 12th, 13th, 14th and 15th and observed the deceased being assaulted and with serious injuries. The deceased also told…

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SIRIMAL AND OTHERS v BOARD OF DIRECTORS OF THE CO-OPERATIVE WHOLESALE ESTABLISHMENT AND OTHERS | 2003 2SLR 23

Editor

The petitioners complained that the 1st respondent (‘The CWE”) did in violation of their rights under Article 12(1) of the Constitution stopped extension of their services beyond 55 years and purported to retire them from 31.7.2002, by circular dated 21.6.2002(P6). The previous circular dated 14.11.1995(P5) provided for granting of annual extension from 55 until 60 as in the case of the public sector under Chapter V section 5 of the Establishments Code. The reasons given for the new policy decision were: (a) Redundant labour force (b) Heavy losses; and (c)…

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