On 26 April 1991 about 9.30 a.m. the petitioner along with 4 game guards had arrested several persons who had been detected illicitly felling timber in the Minneriya – Giritale Native Reserve and taken into custody, a hand tractor and some carts loaded with logged timber and was bringing them along when the 6th respondent C. S. Sooriyaratchi, a Member of Parliament for the Polonnaruwa District came travelling in a jeep and intercepted the petitioner at a place called Deke Ela and wanted the men released. The petitioner said he…
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RATNAPALA v. DHARMASIRI, HEADQUARTERS INSPECTOR, RATNAPURA AND OTHERS SC APPLICATION 162/91
respondents had assaulted and brutally tortured the petitioner over a period of three weeks. The injuries suffered by the petitioner were irreparable, particularly in view of the fact that one of his lungs had to be surgically removed. The 1st (Hector Dharmasiri, Headquarters Inspector) and 2nd (I.P. Gunasekera, officer-in-charge), respondents deliberately encouraged, tolerated and acquiesced in the acts of torture and inhuman treatment inflicted on the petitioner on whom the J.M.O. found 26 injuries. Hence the 3rd, 5th, 6th and 7th respondents who have been identified by the petitioner along…
Read MoreSirisena and others vs Ernest Perera and Others judgement was given by supreme court S. C. APPLICATION NO. 14/90
The 1st and 2nd Petitioners were engaged in carpentry work at Arijapala’s residence in Bullers Lane between 02 and 08 April. The 3rd, 4th and 5th Petitioners were arrested by the Police when they visited the Corona’s Court at the General Hospital Colombo on 21 April 1990 to see the 1st aid 2nd Petitioners who had been arrested by the Police and produced before the Coroner to give evidence at the inquest. The 3rd to 5th Petitioners were detained by the Police and so deprived of their liberty from 11.30…
Read MoreChandra Kalyani Perera and Another vs Captain Siriwardana and Others, the judgement was given by supreme court S.C. APPLICATION NQ. 27/90
she was arrested with another one in emergency regulation by SL army near the beragala camp. the petitioner who is a married woman with three male children. She was engaged in a transport business in Badulla District and owned several vehicles. Her husband is a processing engineer at Abu Dhabi. “The first petitioner complains of being manacled, beaten with a hose, hung by her manacles and beaten until she confessed. In addition 1st respondent wanted to have sex with her”. the judgement was Application allowed and taken into consideration the…
Read MoreWIJENAIKE v. AIR LANKA LIMITED AND OTHERS |1990 1SLR 293
The petitioner joined Air Lanka as a Cadet Pilot on 10.06.84. He left the country on 22.12.87 with a view to employment with Gull Air having applied on 19.12.87 (or 03 years no pay leave. Leave however was refused. On 04.02.88 the petitioner returned and on 22.02.88 applied to be rostered for duty. This was not allowed. Air Lanka by letter dated 06.05.88 informed petitioner that he had vacated post. The petitioner’s position was that he had only prospected for foreign employment and he had made a separate application for…
Read MoreWIJAYASIRIWARDENE v. KUMARA, INSPECTOR OF POLICE, KANDY AND TWO OTHERS | 1989 2SLR 312
The petitioner, a 16 year student of St. Paul’s College, Kandy had been served a pamphlet directing him to get the students of his school on the streets throughout the week oh pain of death. The petitioner attended the school the following day and found no students in his classroom but the students of the school were congregating in various places and demonstrating and shouting slogans within the precincts of the school. …
Read MoreSASANASIRITISSA THERO AND OTHERS v. P.A. DE SILVA, CHIEF INSPECTOR, C.I.D. AND OTHERS | 1989 2SLR 356
Fundamental Rights – Mala tide arrest and detention tor political reasons – Articles 12(1), 12(2), 13(1), 13(2) and 14(1) of the Constitution – Time-base At the Katana Mahapola celebration held at Harischandra Vidyalaya a bomb explosion took place to disrupt the procession and two hand grenades were thrown – one of which struck a student and rolled on to the ground without exploding a few yards from the Hon. Amarasiri, Minister of Trade and Hon. Wijayapala Mendis, Minister of Textile Industries (5th respondent) and the others exploded causing injuries to…
Read MoreWELIGODAPOLA v. SECRETARY, MINISTRY OF WOMEN’S AFFAIRS AND TEACHING HOSPITALS AND OTHERS | 1989 2SLR 63
The law recognizes that the principles of equality does not mean that every law must have universal application’for all persons who are not, by nature, attainment or circumstances in the same position. What is required is that persons who by nature, attainment or circumstances are similar are treated alike. If there is a classification which deals alike with those who are similarly situated, someone who is different cannot be allowed to complain that he has not been treated equally; for being different, he must necessarily expect to be treated differently.…
Read MoreSAMAN V. LEELADASA AND ANOTHER, the important judgement was given by supreme court S. C. APPLICATION NO. 4/88
The petitioner was arrested on 29.07.87 and produced before the Elpitiya Magistrate on 18.10.87.and remanded to the Galle prison on his orders made from time to time. While in prison custody on 1.12.87 the petitioner was bathing at a water tank near the prison cell when the 1st respondent was alleged to have assaulted the petitioner saying he was not entitled to bathe there at that time. after few years the judgement was published and it was the Application allowed and Compensation ordered Rs. 15000 for petitioner. this was a…
Read MoreWijesiriwardene vs. Kumara, Inspector of police, kandy and two Others, the judgement was given by supreme court. NO. 191 of 1988
The petitioner, a 16 year student of St. Paul’s College, Kandy had been served a pamphlet directing him to get the students of his school on the streets throughout the week oh pain of death. The petitioner attended the school the following day and found no students in his classroom but the students of the school were congregating in various places and demonstrating and shouting slogans within the precincts of the school. He learnt the attendance Register was not being marked. So he left for athletics training but found no…
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