The petitioner was a storekeeper employed by the 2nd respondent (Colombo South Co-operative Society). He was interdicted by letter without a stated reason and without pay. It was known that he was alleged to have been responsible for shortages at four places where he had worked between 16.3.94 to 16.9.77. No charge sheet was served on him for 14 years until 1.1.92. The disciplinary proceedings were concluded only in August 1994 after the court had given leave to proceed. By letter dated 2.9.94 he was informed that his services were…
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KODITUWAKKUGE NIHAL POLICE SERGEANT KOTALAWALA AND OTHERS SC APPLICATION NO. 1 2 6 /9 4
The Is’ to the 10th respondents were police officers attached to the Police Guard Room, Boralesgam uw a w hich com es u n d er the M aharagam a Police Station. On 04. 03. 1994, the petitioner w as arrested by the 1st and 2nd respondents for a traffic offence and taken to the Police G uard Room, Boralesgam uwa after using m uch force on him. W hilst in police custody, the 1st, 2nd, 4lh and 5th respondents assau lted him. He was assau lted with a rubber…
Read MoreGAMINI DISSANAYAKE (PETITIONER IN SC 4/91) v. M. C. M. KALEEL AND OTHERS | 1993 2SLR 135
Eight Members of the United National Party who were also members of Parliament singly filed eight petitions bearing numbers SC 4 – 11/91 challenging their expulsion from the Party. The respective petitioners in applications No. SC 5/91 and No. SC 8/91 were Ministers of Cabinet rank in the UNP government shortly before their expulsion. The petitioner in application No. SC 9/91 and the petitioner in application No. SC 10/91 were a State Minister and Project Minister respectively in ttie UNP government shortly before their expulsion. The petitioners have filed their…
Read MoreBANDARA AND ANOTHER v. PREMACHANDRA, SECRETARY, MINISTRY OF LANDS, IRRIGATION AND MAHAWELI DEVELOPMENT AND OTHERS | 1994 1SLR 301
The 22 petitioners along with 15 others were selected to follow a four-year residential course leading to the award of a Bachelor’s degree in the Surveying Service. Only Class III, Grade III Surveyors were eligible to follow this course. The 1st respondent issued letters of appointment appointing them as Surveyors in Class II Grade III on probation for a period to be notified (but not notified). Shortly thereafter the petitioners became members of the Government Surveyors’ Association, a Trade Union. The Annual General Meeting of the Association was held on…
Read MoreSHANTHI 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
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),…
Read MoreCHANNA 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)
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…
Read MoreJAYASINGHE vs SAMARAWICKREMA AND OTHERS S.C. APPLICATION NO. 157/91
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…
Read MoreRATNASIRI AND ANOTHER v. DEVASURENDRAN, INSPECTOR OF POLICE, SLAVE ISLAND AND OTHERS S.C. APPLICATION NO. 4/91 WITH S.C. APPLICATION NO. 3/91
The Incidents of assault and Inhuman treatm ent com plained of which w ere a sequel to travel in a bus, have been established. The Police Officers, acting under the colour of office assaulted the petitioner and subjected diem to inhuman treatm ent but the identity of the p articu lar officers who could have been personally responsible has not been established. Hence only the State would be obliged to pay compensation. Of consent, the above two applications were consolidated and heard together. The petitioner in application No. 4 (“1st…
Read MoreSUBBASH CHANDRA FERNANDO vs KAPILARATNE, OFFICER-IN-CHARGE, POLICE STATION, GAMPAHA S.C. APPLICATION NO. 1/91
The petitioner is a Medical Practitioner with a MBBS degree from the University of Ceylon. He was arrested on 19.07.89 on a complaint that he had assaulted Dr. Gunatilaka, Surgeon, Base Hospital, Gampaha and obstructed the carrying on of the service at the hospital in breach of Regulation and e Emergency Regulations. The complaint against the petitioner was that he had assaulted Dr. Gunatilaka twice on 19.07.89 first’at the path lab, a private medical establishment, and thereafter at the Base Hospital, Gampaha. Although he was arrested for such conduct under…
Read MoreWIMAL VIDYAMANI vs LT. COL. JAYATILLEKE AND OTHERS S.C. APPLICATION NO. 852/91 SPL
The petitioner who was the Mill Security Officer at the Embilipitiya Mill of the National Paper Corporation was arrested and detained by the Police under emergency regulations for being allegedly concerned in a subversive J.V.P attack on the Paper Mill. Thereafter, he was transferred to the Pelawatte Detention Camp and detained under a Preventive Detention Order. The petitioner had an exemplary record of service and had won the confidence of his employer. There was no material to warrant the suspicion that the petitioner had J.V.P. links or was concerned in…
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