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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Arshan Rajinikanth vs Officer in Charge Bulathsinhala Police Station and others SC/FR Application No:-194/2012
The Petitioner who was 22 years at the time of the incident worked as a three wheeler driver. The Petitioner states that on 13th October 2011 at about 9.30 a.m three individuals by the names of Roshan, Selvanayagam and Raja arrived on a motor bicycle at the Petitioner’s residence and informed the Petitioner that he was wanted by the police. The Petitioner recognized these individuals as they lived in the same area. The two individuals named Roshan and Selvanayagam got the Petitioner on to the motor bicycle and took the…
Read MoreMananadewage Shifani and others vs W.A. Somaratne Wijayamuni, and others S.C. (F.R.) Application No.368/2012
The petitioners, by this petition, seek a declaration that their fundamental rights guaranteed by Articles 11, 12(1), 13(1) and 13(2) of the Constitution have been violated by the respondents. This Court, by its order dated 15.12.2012, granted leave to proceed for alleged violation of the fundamental rights guaranteed under Articles 12(1), 13(1) and 13(2) of the Constitution. ”Petition dismissed. For the aforementioned reasons, I dismiss the petition of the petitioners. In all the circumstances of this case I do not order costs.” Read the full judgement>>
Read MoreJayalath Perera vs Jagath Nishantha, Sub Inspector of Police and others SC. Application FR. No 319/2012
The Petitioner, in his amended petition, further states that he was assaulted and tortured by the 1st , 3rd and 5 th Respondents at the Divisional Crime Investigation Unit. He, in paragraph 10 of the affidavit filed in this Court, states that the assault/torture at the said Divisional Crime Investigation Unit was witnessed by G.A. Hemantha Perera and G.A. Rathnasiri Perera who were his brothers. But surprisingly the said Hemantha Perera and Rathnasiri Perera in their affidavits marked P8 and P9 do not support the said version of the Petitioner.…
Read MoreKankanamge Nalin and Kankanamge Nalin vs Kamalsiri and others S.C(FR) No. 599/2011
His wife’s complaint is that she was assaulted by the 2nd and 3rd Respondents. Although she says in her affidavit that she suffered unbearable pain in the abdomen. Dr. who examined her on the day of the alleged incident has made the following observations. “No head injuries, no E.N.T. bleedings, no vomiting and no abdomen pain”. Therefore we feel that her complaint of assault has also not been supported by medical evidence. Both stories narrated by the 1st Petitioner and the 2nd Petitioner have not been presented with high degree…
Read MoreSuriyarachchige Lakshman de Silva and B.M.Ajantha Weerasinghe vs Patabendige Chaminda Edirisuriya and others SC.FR Application No:-09/2011
According to Petitioners on 10.08.2010 at about 12.45 a.m whilst the Petitioners and their children were visiting relatives and when they were not at home , the 1st, 2nd, 4th and 5th Respondents had visited the Petitioners’ residence in the 5th Respondents vehicle had forcibly instructed the 1st Petitioner’s mother and nephew to allow them to search their house. Soon thereafter whilst still in their home, the 1st Respondent telephoned the 2nd Petitioner and ordered her to bring her husband to Kiribathgoda Police Station immediately. Due to the abusive language,…
Read MoreS. G. P. Dilshan Tilekeratne and Mother vs. Sergeant Douglas Ellepola and others. SC/FR No. 578/2011
The 1st Petitioner was a minor 15 years of age and the 2nd Petitioner was his mother at the time of filing this Fundamental Rights Application. 1st Petitioner by his application complains of illegal arrest, detention and torture by the 1st to 4th Respondents all being Constables/Inspectors of Police station, Yatawatta. It is pleaded that on or about 25.06.2011 the 1st Petitioner was playing near his house and two other children Sahan and Chathura from the neighbor-hood had brought several items to the house of the Petitioner which includes a…
Read MoreDinesh Priyankara Perera vs. police officers of panadura and others SC FR 260/2011
” The learned President’s Counsel pointed out that the instant application has been filed by the Petitioner only on the 27th of June 2011, well outside the 30 day period afforded, to invoke the jurisdiction of this court, in terms of article 126 (2) of the Constitution. It was also stressed that, the benefit of Section 13 of the Human Rights Act, as far as the computation of time is concerned, accrues only to “an aggrieved party” and the said section has no application in instances, where the complaint to…
Read MoreOmaththaMudalige Don Gamini vs . Nishantha Silva Inspector of Police and others SC/FR 81/2011
On 26.1.2011 around 5.45 p.m. the 1st and the 2nd Respondents came to his shop at Keyzer Street Colombo and showed him an open warrant issued on one OM Don Gamini and took him to the Criminal Investigation Department (CID) Colombo. The 1stRespondent thereafter showed him a petition sent to His Excellency the President and to the Inspector General of Police (IGP) and informed him that there are allegations against him (the Petitioner) regarding a double murder alleged to have been committed in 1982 and an incident relating to threating…
Read MoreSajith Suranga vs Prasad and others. SC (FR) Application No. 527/2011
At that time around 10.p.m four police officers attached to the Thelikada police station namely 2nd to 4th Respondents and one other officer whose name is not known to the Petitioner arrived at the house of Pelis on two motor-bicycles and without informing him of any reason for acting so, slapped him thrice and arrested him and Susantha. The 2nd and the 3rd Respondents were in uniform and the other two dressed in civilian attire, and assault by officers. I direct the Inspector General of Police to investigate into…
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