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…
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WIJAYASIRIWARDENE 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…
Read MoreSamanthilaka Vs Ernest Perera and Others. the judgement was given by supreme court S. C. APPLICATION No. 65/88.
Gamaralalage Samanthilake alleged that The violation by certain police officers. the petitioner who Samanthilake concerned her fundamental right of freedom from arrest, except according to procedure established by law [Article 13 (1)]; her right to personal liberty and freedom from detention or custody, except after being produced before a judge of the nearest competent court, upon and in terms of an order of such judge made in accordance with procedure established by law[Article 13 (2)]; and the right to be free from torture and cruel, inhuman or degrading treatment or…
Read MoreAMAL SUDATH SILVA v. KODITUWAKKU, INSPECTOR OF POLICE AND OTHERS | 1987 2SLR 119
The petitioner has established that he has been subjected to torture and cruel treatment by the Police whoever they be, despite doubts about the exact identification of the particular Police Officers, when he was under arrest. The police force is an organ of the State. The State is liable to pay compensation to the victim. Per Atukorale, J. ‘The report of the M.O. is in my view, valueless and unworthy of acceptance. On his own showing it is evident that he has not carried out an independent examination of the…
Read MoreANSALIN FERNANDO v. SARATH PERERA, OFFICER-IN-CHARGE, POLICE STATION, CHILAW AND OTHERS, the judgement was given by supreme court. S.C. APPLICATION NO. 18/87
her petition dated 18.02.87 the petitioner complains that her son the 6th respondent (a University student) was arrested at their house in Chilaw on 02.01.87 at about 3.30 p.m. by a police party who assaulted him with fists and took him away in a jeep without giving any reason for the arrest; that thereafter the 6th respondent was detained at the Bandaragama Police Station where he was subjected to assaults and other ill-treatment; that the 6th respondent was last seen on the evening of 04.02.87 after which she was informed…
Read MoreThe case of Amal Sudath Silva vs Kodithuwakku, inspector of police and Others S.C. APPLICATION No. 186/86.
The petitioner pleads that he was arrested by the police on 9.10.1 386 on suspicion of having committed theft of side mirrors from several motor vehicles. He was thereafter taken to the Panadura police station in custody for 5 nights without being produced before a Magistrate During this period of 5 days he states he was severely beaten up by the 4 respondents with batons and was also subjected to physical torture by them by being hung to a beam at the police station by his hands tied to a…
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