Category: Judgements

contempt of court and legal framework

editor

The Asian Human Rights Commission (AHRC) is a regional human rights organization. The organization seriously monitored and studied the law on contempt of court and its application in Sri Lanka. The AHRC is deeply concerned about the violation of Sri Lankan Constitution, which is in line with international law, by depriving the accused of the protection of the law. The AHRC pays special attention to the interpretation of international law as well as the Constitution of Sri Lanka by Article 105 (3) of the Constitution of Sri Lanka. The logic…

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Jayamuni Anuradha Nilmini Vijesekara Vs .Sumedha Thushanga and others SC (FR) 449/2017

Editor

Chadik Shaman (42), who died of a police assault after being arrested by the Peliyagoda Police on February 25, 2017. Chadik Shamen, a father of two, was illegally arrested by a group of plainclothes police officers of Peliyagoda police without filing any charges. The next day, his wife received a phone call informing that Chadik was dead. Later, at the post-mortem examination at the Colombo National Hospital, the JMO had told to Chadik’s wife that the body had been subjected to severe torture  and that the death had occurred as…

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Kanda Udage Malika Vs D.M. Aberathna and others SC/ FR/ 157/2014

Editor

On the May 7, 2014 Sandun Malinga, a 17 year old boy and four others with him were beaten by police officers, arrested and detained at the Kandaketiya police in the Badulla district. Sandun and the other four were taken to the District Medical Officer (DMO), brought back to the police, taken to a Magistrate and remanded in the Badulla remand prison in the evening. The following day, May 9, around 5.30 am his brother who had been also remanded saw Sandun panting and struggling for breath and alerted the…

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Hewa Maddumage Karunapala and others Vs Jayantha Prema Kumara Siriwardhana and others SC/FR/97/2017

Editor

The fundamental rights petition was filed by the parents of the 15-year-old victim, Hewa Maddumage Karunapala and Pallekkamkanamlage Dona Kumuduni against six persons including teacher Jayantha Premakumara Siriwardana and principal M. Leelawathi. The child petitioner was slapped across the face by Mr. Siriwardhana, teacher- in -Charge of discipline and sectional head of Puhulwella College. The action had resulted in the student a ruptured eardrum and permanently losing his hearing ability in the left ear.  Considering the petition, affidavit and written submission of the petitioners and the respondent as well Supreme…

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Leelawathie Hariot Perera and others vs. N.K. Illangakoon, Inspector General of Police, and others SC /FR/ Application No 372/2015

editor

As submitted on behalf of the Petitioners, one Rumesh Liroshan Fernando who was only 20 years at the time of his untimely demise, was a victim of a stabbing which took place on 24th October 2010. The victim had succumbed to his injuries at Kalubowila Hospital, and the Police Officers 3 who investigated into the death of the above named deceased, had reported the facts before the Hon. Magistrate of Moratuwa on 25.10.2010 under B Report No 1677/10. The 4th Respondent to the present application namely Widanalage Amesh Asantha de…

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Naomi Michelle Cokeman vs The Hon. Attorney General Attorney General’s Department S.C (FR) Application 136/2014

Editor

On the day in question as pleaded Petitioner arrived in Sri Lanka at the Katunayake airport. All official steps as clearance from Customs AND Immigrations were attended and was permitted entry. She proceeded towards the exit of the airport. Petitioner was approached by a taxi driver called ‘Kelum’ who was later identified and another bystander informed her that the tattoo she was displaying on her right arm is objectionable in Sri Lanka. Thereafter another person claiming to be a member of the Civil Defence Force came to the scene and…

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Jayantha Aberathna vs Chief Inspector B.W.C. Dharmaratna and others SC(FR) No. 222/2014

editor

The Petitioner in this case complains that he was arrested on 21.06.2013 by the 1st Respondent who is the Officer-in-Charge of the Police Station, Teldeniya. He was later produced before the Magistrate, Teldeniya as a suspect for stealing eleven pieces of sandalwood from the Magistrate’s Court of Teldeniya. He was a Civil Security Guard attached to Teldeniya Police Station. The Petitioner further complains that after the arrest he was assaulted by the 1st Respondent. Petitioner tries to support the assault launched by the 1st Respondent by his wife’s affidavit marked…

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SWARNA MANJULA and NAWARATHNA HENALAGE ROSALIYA vs PUSHPAKUMARA and others S.C. F.R. No. 241/14

Editor

In their application to this Court, the petitioners allege that the 1st and 2nd respondents violated several of the petitioners‟ fundamental rights. The case urged by the petitioners and the positions taken in the 1st and 2nd respondents‟ affidavits and documents annexed thereto, all require careful scrutiny. Therefore, I will set out, in some detail, the petitioners‟ narrative of the alleged events upon which they base their application to this Court and the positions taken by the 1st and 2nd respondents in their affidavits and the contents of the documents…

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Rajapaksha Pathirage Justin Rajapaksha vs. Prasanna Rathnayake and other police officers SC/FR 689/2012

editor

”The petitioner by this petition, inter alia, seeks a declaration to the effect that his fundamental rights guaranteed under Article 11,12,13(1) and 13(2) of the Constitution have been violated by the 1st to 5th and/or 6th and/or 8th Respondents. This court, by its order dated 12.2.2013, granted leave to proceed for alleged violations of Article 11 of the Constitution against 1st to 6th Respondents; for alleged violations of Article 13(1) and 13(2) of the Constitution against the 1st Respondent and for alleged violations of Article 12(1) of the Constitution against…

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Suppiah Sivakumar vs ergeant Jayaratne and others SC. FR. No. 56/2012

editor

On 15th May 2011 around midnight, the Petitioner had been in the vicinity of the Bambaragala Junction with his wife and his daughter to watch Theru celebrations. Around 1. 30 am, a riot had broken out in the area and as the Petitioner made haste to take his wife and daughter to safety, he alleges that he was assaulted by the 1st to 3rd Respondents with a club. The Petitioner had also alleged that he was subjected to continuous verbal and physical abuse for about 20 minutes by the said…

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