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
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…
Read MoreRajapaksha Pathirage Justin Rajapaksha vs. Prasanna Rathnayake and other police officers SC/FR 689/2012
”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…
Read MoreSuppiah Sivakumar vs ergeant Jayaratne and others SC. FR. No. 56/2012
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…
Read MoreArshan 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…
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