The events that preceded this application as alleged by the Petitioner are that, on the 20th of June 2009 the Petitioner’s brother, one Herath Mudiyanselage Dilan Mahesh Herath organized a musical show in the Dummalasuriya Public Playground from 8:00pm to 10:00pm.The Petitioner was a member of the organizing committee of the event and alleges that uponthe conclusion of the event he, along with two other friends, namely; Sooriya Mudiyanselage Niroshana Mahesh Kumar and Herasinghe Hettiarachchige Anil Indika, left and walked towards his vehicle. It is at this juncture that he…
Read MoreCategory: Library
Hapugodage Jagath Perera vs. Gothami Ranasinghe and other police officers SC/FR 1006/2009
The Petitioner who is running a business called Ranga Sweet has employed several employees one of whom is Asanka Sanjaya Kumara. On 17.11.2009 he accompanied Asanka Sanjaya Kumara to Mirigama Police Station as the said person had been noticed to appear at the Police Station for an inquiry on a complaint made by the wife of Asanka Sanjaya Kumara who was living inseparation from her husband. It has to be noted here that the Petitioner had not been noticed by Mirigama Police Station but he went to the Police Station…
Read MoreNandani Kumari, vs Padma Kumari Ekanayak and others SC /FR/ Application No 599/2009
The Petitioner who is a housewife, was married to one S.M. Abeyrathne a graduate teacher, and was 45 years of age and a mother of 3 children, at the time the alleged incident referred to in the petition was taken place. According to the Petitioner, an incident had taken place near her house on 27th June 2008 around 2.00 pm with one Padma Kumari Ekanayake when she was trying to dispose the garbage which was collected near her house, which ended up by the said Padma Kumari assaulting the Petitioner…
Read MoreSUNIL SHANTHA and others vs SUB-INSPECTOR SENEVIRATNE and others SC (FR) Application 479/2009
The two petitioners filed this fundamental rights application complaining that the 1st,2nd and 3rd respondents arrested the petitioners without a warrant and without any reasonable basis, wrongfully detained the petitioners and subjected them to torture and cruel, inhuman and degrading treatment. The petitioners also complained that the 1st and 3rd respondents failed to afford the petitioners their right to equal protection under the law. The petitioners stated that, thereby, the 1st, 2nd and 3rd respondents have violated the petitioners’ rights guaranteed by Articles 11, 13 (1), 13 (2) and 12…
Read MoreW.N.L.K.Fernando vs Police Inspector Ranjith and others S.C.F.R.Application No.612/09
”Petitioner then states that he was assaulted, arrested and detained unlawfully by the 1st to 4th respondents. Accordingly, he alleges that his fundamental rights guaranteed under Articles 11, 12 (1), 13 (1) and 13 (2)3 were violated by the 1st to 4th Respondents. However, having heard the parties, this Court on 09.09.2011 granted leave to proceed, only with the application for the alleged violation of the rights guaranteed in terms of Articles 11 and 13(1) of the Constitution;”. read full judgment>>
Read MoreAsantha Aravinda vs. Atapattu and other police officers and others, SCFR Application No:26/2009
When the petitioner on 28.2.2008 riding his motor cycle with his friendThushara Chaminda on the pillion in Pitabeddara (name of a village) area, lorry driven by the 12th Respondent knocked his motor cycle and as a result of this accident both fell on the road with the motor cycle. The Petitioner however states that the 12th Respondent deliberately did the said act due to an argument that took place little prior to this incident between the two of them. After the said accident the 12th Respondent fled the scene. Thushara…
Read MoreW.N.D. Gunasekara vs Police Constable Chandana and others SC FR No. 859/2009
The Petitioner at the time relevant to this application was serving as an Instructor at the Automobile Engineering Training Institute (hereinafter referred to as the “Institute”) of Orugodawatta on contract basis. On 25.06.2009 the Petitioner boarded a bus at Borella at or about 7.35 a.m to reach his work place which is located near the Toyota Junction in Orugodawatta. Petitioner got off the bus around 7.50a.m and has tried to cross the road by walking on the pedestrian crossing at the said junction along with a group of people with…
Read MoreSarath Kumara Naidos vs. Inspector Damith and others S.C FR Application No. 608/2008
The Petitioner in his petition filed in this court, refer to several acts of assault on him by the 1st and 2nd Respondents along with some other police officers (not named). It is pleaded that a woman who worked at a house where the Petitioner had worked for about three to four months had met him and inquired about house breaking and whether the Petitioner was involved. This had led to a heated argument. On 5 th July 2008 at about 2.00 p.m the Petitioner was working at a site…
Read MoreRoshan Koitex and Harison alias Tennyson vs. SI Sanjeewa Seneviratne and others SC/FR 158/2008
”The 1st petitioner is the son of the 2nd petitioner. The 1st petitioner has been cohabiting with the 4th respondent for over eight years. The 1st petitioner, who works as a fisherman, had built a temporary hut within 100 meters of the coastal line in close proximity to Police Station Hikkaduwa. His hut was destroyed by the tsunami in 2004. He was subsequently given a house two years after the tsunami by an organization called Kurier Aid Austria. The 1st petitioner and the 4th respondent who lived together for over…
Read MoreJanaka Sampath Batawalage vs Inspector Prasanna Ratnayake and others SC (FR) Application No.393/2008
the Petitioner who had been an army officer had retired after serving 10 years, as a lieutenant. At the time relevant to the present application, the Petitioner had been working for a private entity called Dialog Telecom (Pvt) Ltd. in the capacity of Human Resource Management Coordinator. It is pertinent to note that, at the time relevant to the present application, the Petitioner was a father of two children, one being an infant of 6 months……..The 1st Respondent at that point had beckoned to them clapping and demanded them to…
Read More