The petitioner is the widow of an army deserter (deceased) against whom there was also an open warrant signed by the Magistrate for possession of illicit liquor and distilling equipment. On 12.06.2000 the 2nd respondent OIC (Crimes) Paiyagala Police Station, arrested the deserter and took him to the police station where he was detained until the 17th. The petitioner and deceased’s mother and sister stated that they visited the deceased on 12th, 13th, 14th and 15th and observed the deceased being assaulted and with serious injuries. The deceased also told…
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DAYARATHNA AND OTHERS v. MINISTER OF HEALTH AND INDIGENOUS MEDICINE AND OTHERS | 1999 1SLR 393
By notification in the Gazette dated 10.05.1996 the Ministry of Health called for applications from persons desirous of following a course of training leading to the award of the certificate of competency as Assistant Medical Officers. Fifteen petitioners who were eligible for enrolment to follow the course of training applied in response to the notification and sat a competitive examination conducted on 27.12.1996; and they were so placed on the results of the examination as to be qualified to follow the course of training. According to the scheme published in…
Read MorePRIYANTHA DIAS v. EKANAYAKE, RESERVE POLICE CONSTABLE. POLICE STATION, POLPITHIGAMA AND OTHERS SC (APPLICATION) NO. 860/99
The petitioner who is from Homagama was a teacher attached to the Kattamberiya Yaya Vidyalaya, Makulpotha. He was accompanied by the Principal of the school and was on the way to board a bus. At that stage the1st and 2nd respondent Reserve Police Constables came on a motor cycle and questioned the petitioner, including on his place of birth. When the petitioner replied that it was Batdcaloa they said that he must be a tiger and assaulted him despite the intervention of the Principal. They forcibly took the petitioner on…
Read MoreANURA BANDARANAIKE v. W. B. RAJAGURU, INSPECTOR-GENERAL OF POLICE AND OTHERS | 19991SLR 93
On 12. 02. 1997 at about 2.15 am the 2nd respondent Deputy Inspector-General of Police, Criminal Investigation and the 3rd respondent Deputy Director, Criminal Investigation entered the petitioner’s residence without a warrant or the petitioner’s permission purporting to act under sections 24 and 25 of the Code of Criminal Procedure Act on the basis that they had “reason to believe” that a murder suspect – one Punchi Nilame had entered the premises. Those respondents stated that they acted on the instructions of the 1st respondent Inspector-General of Police who had…
Read MoreSIRIMAWATHIE FERNANDO v. WICKREMARATNE, OFFICER IN CHARGE, POLICE STATION, DEHIWELA AND OTHERS SC APPLICATION NO. 255/98
The petitioners’ sister was the lessee of shop No. 2 Dehlwala Market belonging to the Dehlwala – Mt. Lavlnla Municipal Council. The lessee was carrying on a grocery business In the premises. As the lessee was old and feeble, the p e titio n er a ssiste d h er to continue w ith the b u sin ess. T he 5 th re sp o n d e n t the M ayor o f the C ouncil is said to have decided to b u ild a new…
Read MoreKARUNATHILAKA AND ANOTHER v. DAYANANDA DISSANAYAKE, COMMISSIONER OF ELECTIONS AND OTHERS | 1999 1SLR 157
The period of office of the Central, Uva, North-Central, Western and Sabaragamuwa Provincial Councils came to an end in June, 1998. The Commissioner of Elections (the 1st respondent) fixed the nomination period in terms of section 10 of the Provincial Councils Elections Act, No. 2 of 1988. After the receipt of nominations which concluded on 15.07.1998 each returning officer fixed 28.8.98 as the date of the poll by a notice under section 22 (1) of the Act. The issue of postal ballot papers in terms of section 24 of the…
Read MoreWIJENAYAKE AND OTHERS v. AMERASENA AND OTHERS SC (FR) 290/98
The Petitioners allege that a Police party entered the “Guesthouse” and caused a search to be made. The Petitioners also allege that they were brutally assaulted. The Petitioners were also charged under the Brothels Ordinance, in the Magistrate’s Court, and all the Petitioners were acquitted after trial. The State will pay the Petitioners Rs. 25,000/- as compensation and costs. The three Petitioners will therefore be entitled to a sum of Rs. 150,000/- from the 1st to the 7th Respondents as compensation and a sum of Rs. 25,000/- from the State…
Read MoreSUBASINGHE v. POLICE CONSTABLE SANDUN AND OTHERS | 199 2SLR 23
On 26.11.1996 the petitioner made a complaint to the 3rd respondent (OIC, Dankotuwa Police) regarding a commercial transaction. On the evening of that day, the 1st respondent police constable met the petitioner at the Dankotuwa Public Market and threatened to teach him a “good lesson”. The next day, the 1st respondent and another police officer (the 2nd respondent) arrested the petitioner at the Dankotuwa Public Market and took him to the police station. Thereafter the 1st respondent assaulted the petitioner with hands, kicked him and also beat him with a…
Read MorePREMARATNE v. UNIVERSITY GRANTS COMMISSION AND OTHERS | 1998 3SLR 395
The petitioner had been admitted at first to the University of Sri Jayawardenapura on the result of the GCE ‘A’ Level examination 1978, and had followed a course in Biological Sciences. The Petitioner had sat again for the GCE ‘A’ Level 1979, and was informed that she was qualified to be admitted to the Faculty of Medicine. In her application in 1981 for admission the petitioner had made a declaration that she had not been previously registered to follow a course of study in any other University. This declaration had…
Read MoreJAYASINGHE v. SUB INSPECTOR OF POLICE, JAYAKODY AND OTHERS S.C. APPLICATION NO. 66/97
The petitioner was arrested by a Sub Inspector of Police on 22.12.1996 for alleged attempt to rob a motor bicycle; but the petitioner was not informed of the reason for the arrest. The Sub Inspector threatened the petitioner with a pistol and ordered a police constable to remove him to the Marawila Police Station. At the police station, the petitioner was handcuffed after which he was slapped by the Officer in Charge of the Police Station. Thereafter, the petitioner was stripped, hung on a beam on the orders of the…
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