The petitioners allege violations of Articles, 11 and 13(1) by certain officers. They complain that they were arrested without justification and were brutally assaulted, and further contend that, they were subjected to torture or to cruel inhuman or degrading treatment or punishment in violation of Article 11. The respondents contended that the petitioners were under the influence of liquor and when the 3rd petitioner was requested to move his three wheeler away, the petitioners had attacked the respondents and the Police Constable who had sustained injuries had to be hospitalised,…
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Guneththige Misilin Nona, Akkara Heththedeka, vs Muthubanda (10312), Police Constable Moragahahena Police Station, Moragahahena. Maheepala, Officer in Charge, S.C. (F/R) No. 429/2003
The 1st and the 2nd Petitioners are respectively the mother and sister of the deceased Thisera Sunil Hemachandra who died on 26th July 2003 (hereinafter referred to as the deceased), while allegedly in Police custody. The deceased was a Sri Lankan citizen and 32 years of age at the time of his death. The 1st Respondent was a Police constable attached to the Police Station at the time of the death of the deceased. The 2nd Respondent is the Officer in Charge of the Police Station. The 3rd Respondent is…
Read MoreRATNAYAKE AND ANOTHER vs MEDIWAKA, DEPUTY INSPECTOR GENERAL OF POLICE, KANDY AND OTHERS S. C (FR) 231/2003
The petitoners were owners of Hotel “Sunray’’ Kandy and complained to the Police and the court that on 10.04.2003 they had invited about 30 persons to celebrate an award which their son had received from Trinity College. While they were awaiting the arrival of guests, some of whom had arrived, about 30 persons dressed in camouflage uniform arrived with T-56 rifles and entered the hotel and searched it. The 2nd and 3rd respondents who were police officers attached to the Kandy Police were there. They showed a search warrant. The…
Read MoreSARJUN v KAMALDEEN AND TWO OTHERS SC FR 559/03
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 to…
Read MoreREMOVAL OF OFFICERS (PROCEDURE) ACT, No. 5 OF 2002 ( Sinhala,Tamil, English)
AN ACT TO PROVIDE FOR THE PROCEDURE TO BE FOLLOWED FOR THE REMOVAL OF PERSONS APPOINTED TO CERTAIN OFFICES SPECIFIED IN PART II OF THE SCHEDULE TO ARTICLE 41C OF THE CONSTITUTION ; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERE TO BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows. read the full act in english read the act in sinhala read the act in tamil
Read More17th Amendment in Sri Lanka ( Sinhala)
read the full amendment in Sinahala
Read MoreROSHANA MICHAEL v. SALEH, OIC (CRIMES), POLICE STATION, NARAHENPITA AND OTHERS SC (FR) NO. 1/2001
The petiitoner, a visiting domestic servant worked in the house of her employer until 12.15 pm on 03. 12. 2000. At about 6 pm., the employer’s wife (the complainant) observed her husband’s gold wristlet watch missing. She got down the petitioner and questioned her but the wristlet watch was not found. According to the Information Book of the Narahenpita Police Station, the complainant had made a complaint regarding the loss of the wristlet watch on 04. 12. 2000 at 9.10 am.; the 1st respondent (Inspector of Police) and another officer…
Read MoreKARUNATHILAKE VS LIY A N A G E , IN SP EC TO R OF P O LIC E (CR IM ES), G A M P A H A AN D OTHERS HCA14/2001
The petitioner had sought a writ of habeas corpus stating that her son, the 8th respondent was arrested by the Police on 30.04.2001, at Katugastota and was taken to the Nittambuwa Police Station. Thereafter he was taken to Weerangula Police Station, where he had been badly assaulted in connection with the murder of a Customs Officer. The plaintiff contended that as there was prima facie evidence of an infringement or imminent infringement of a fundamental right the matter should be referred to the Supreme Court to determine that matter. Thus…
Read MoreSIRIPALA v SUB INSPECTOR WIJESINGHE AND OTHERS FR 213/2001
The petitioner in his affidavit states that he is fifty-five years old and a father of four children. Due to indigent circumstances he was dealing in illicit liquor but gave up that trade three to four months prior to the incident complained of. According to him at the time of the alleged incident he had started working as a casual labourer. The petitioner further states that on 07.03.2001, at around 7 pm he went to the edge of the forest situated behind his house, to relieve himself. When he was…
Read MoreVELU ARASADEVI V PREMATILAKA AND OTHERS S C F R 4 0 1 /2 0 0 1
T h e p e titio n er w a s s to p p e d at a c h e c k poin t a n d a llo w e d to g o h o m e . Later r e s p o n d e n ts (P o lic e/A rm y O fficers) h a d c o m e h o m e a n d o r d er e d h er to a c c o m p…
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