The Petitioner is an Anesthetist, attached to the Base Hospital Dambulla and was also the Chief Organizer of the United National Party for Dodangaslanda. The 1st Respondent is an Inspector of Police of the Kurunegala Police Station. The 2nd Respondent is the Head Quarters Inspector of the Kurunegala Police Station. The Petitioner alleges that he was assaulted by the 1st Respondent inside the Kurunegala Police Station premises on 21.06.2006 and as such the Petitioner’s Fundamental Rights guaranteed under Article 11 of the Constitution have been infringed. The primary issue to…
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Roshan Mahesh Ukwatta, vs Sub Inspector Marasinghe, Officer in Charge,Sagara Liyanage, Inspector of Police,The Inspector General of Police, Police Headquarters, SC. FR Application No. 252/2006
When the case was mentioned in open Court on 09-11-2006 the 1st and 2nd respondents were absent and unrepresented and the State Counsel who represented the 4th Respondent ( Hon. the Attorney-General) had informed Court that the Attorney General was not appearing for the 1st and 2nd respondents. Perusal of the docket reveals that on 25th August 2008 the Attorney-General had intimated to Court that on investigation reports filed by the 1st and 2nd respondents the Petitioner would be discharged in the criminal proceedings. However the petitioner elected to proceed…
Read MoreManoj Talis vs Inspector Hiriyadeniya and others SC(FR) No. 430/2005
The Petitioner complains that the 1st to 6th Respondents came to his house on 24.09.2005 around 9.15. p.m. and arrested the Petitioner. Thereafter the Petitioner was taken to Gokarella Police Station. The Petitioner complains that the 3rd Respondent slapped him, the 2nd Respondent gave a blow to his ear and the 1st Respondent hit him on his face inside the Police Station. This assaultaccording to the has taken place in a room of the Police Station. The 1st,2nd,3th,5th and 6th Respondents are directed to pay the said compensation to the…
Read MoreKUMARA VS. SILVA, SUB-INSPECTOR OF POLICE, WELIPENNA AND OTHERS SC(FR) APPLICATION No. 121/2004.
Petitioner who claimed to be an artisan who agreed to paint the police emblem for the Independence Day Celebrations was taken to the Welipenna Police on 03.02.2004 at about 8.30 a.m. by the 1st respondent sub inspector in a jeep. He said that on the way he was assaulted by the 1 st respondent who also arrested one Don Shantha. He sustained injuries. At the Police Station the petitioner was taken to the 1st respondent’s room and assaulted with a wicket on his shoulders, neck, arms and knees over 80…
Read MoreSAMARAKOON AND OTHERS VS UNIVERSITY GRANTS COMMISSION AND OTHERS | 2005 1SLR 119
Fundamental Rights – Petitioners who qualified to join Medical Faculty from Kandy District according to policy declared in Hand Book excluded – Legitimate expectations – Article 12(1) of the Constitution. According to the Hand Book for the academic year 2000/2001 published by the University Grants Commission (UGC) it was declared that 900 places will be available for intake of students to medical faculties of all the Universities in this country. Out of this number and as per the marking scheme, 54 places had to be allocated to the Kandy District.…
Read MoreFAROOK VS DHARMARATNE, CHAIRMAN, PROVINCIAL PUBLIC SERVICE COMMISSION, UVA AND OTHERS | 2005 1SLR 133
The petitioner who was in Grade l-l of the Sri Lanka Principals’ Service was not eligible to apply for the post of Principal of Sir Razick Fareed Maha Vidyaiaya. Flowever, with the support of the Provincial Chief Minister of the Uva Province, he first became Principal of Liyanagahawela Tamil Vidyaiaya for which he was not eligible and thereafter by deceit and with the support of the Provincial Ministry of Education he obtained an appointment as Principal of Razick Fareed Maha Vidyaiaya. When the 05th respondent the Provincial Director of Education,…
Read MoreNANDASENA VS CH AN D R AD ASA, O. I. C., PO LICE STATION, HINIDUMA AND OTHERS SC (SPL) APPLICATIO N No. 12/2004
T he p e titioner com plained that the 1st respondent O IC cam e near his boutique in a jeep; and after sum m oning him assaulted him on his face. He was then taken to the police station by other police officers. He com plained of infringem ent of A rticles 11 and 13(1) of the Constitution. He alleged that a part of his boutique had been dem olished. It was proved that on inform ation received by the 1st respondent over the telephone, from a Pradeshiya Sabha…
Read MoreERANDAKA AND ANOTHER V HALWELA, OFFICER-IN-CHARGE, POLICE STATION, HAKMANA AND OTHERS
The two petitioners were arrested on the morning of 14.8.2001 by the 2nd and 3rd respondent police officers and other police officers for alleged theft of a water pump. They were examined by a medical officer of a hospital at noon the same day who found no injuries on them. The same day they were produced before a Magistrate who remanded them until 23.8.2001. Thereafter they complained to court that they were assaulted by the 2nd and 3rd respondents and another police officer at the police station and also by…
Read MoreLama Hewage Lal DECEASED 1. Wewalage Rani Fernando (wife of the deceased) 2. Lama Hewage Janaka, 3. Lama Hewage Sampath 4. Lama Hewage Malsha Nadeeshani (Minor children of the deceased, appearing through their mother) Wewalage Rani Fernando (Guardian an-Litem) All of No. 90/1, Medawatte, Seeduwa South, Seeduwa PETITIONERS vs. 1. Officer – in – Charge, Minor Offences, Seeduwa Police Station, Seeduwa. 2. Officer – in –Charge, Police Station, Seeduwa. 3. Ratnayake, Officer – in – Charge, Negombo Prison, Negombo. 4. The Chief Jailer, Negombo Prison, Negombo. 5. Superintendent of Prison, Negombo Prison, Negombo. 6. Inspector of General of Police, Police Head Quarters, Colombo-1 7. Commissioner General of Prison, |
This is an application filed by the wife and three minor children of one Lama Hewage Lal who was arrested by the officials of the Seeduwa Police Station. Subsequently he had died whilst in the custody of the Negombo Prison Officials. The Petitioners alleged that the said Lama Hewage Lal (hereinafter referred to as the deceased) died as a result of torture while in detention and therefore at a time when he was deprived of his personal liberty. They have prayed for a declaration that the deceased’s fundamental rights guaranteed…
Read MoreSRI THAMINDA, DHARSHANE AND MAHALEKAM v INSPECTOR OF POLICE AND OTHERS SC FR 463/464/465/03
The petitioners allege violations of Articles, 11 and 13(1) by certain officers. They complain that they were arrested without justification and were brutally assaulted, and further contend that, they were subjected to torture or to cruel inhuman or degrading treatment or punishment in violation of Article 11. The respondents contended that the petitioners were under the influence of liquor and when the 3rd petitioner was requested to move his three wheeler away, the petitioners had attacked the respondents and the Police Constable who had sustained injuries had to be hospitalised,…
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