In the petition dated 01. 02. 2008, the Petitioner prays for a Declaration that the 1st 2nd and 3rd Respondents and/or the State have acted in violation of the Petitioner‟s Fundamental Rights guaranteed to him under Article 11 of the Constitution, constituting torture or cruel or degrading treatment when he was assaulted by the1st,2nd Respondent, and the 3rd Respondent Police officers, who were attached to the Tissamaharama Police Station in the District of Hambantota. The version of the Respondents on the other hand was that the incident took place at…
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K.H.G. Kushan Indika, vs Christy Leonard Ranjan Wijesekera, Officer-in-Charge,J.M. Karunaratne, Superintendent of Police, S.C. (FR) Application No. 129/2007
The petitioner, who was a Driver attached to the Sri Lanka State Plantation Corporation, had complained that his fundamental rights guaranteed in terms of Articles 11 and 13(1) of the Constitution were violated by the 1st respondent for which this Court had granted leave to proceed. The petitioner’s complaint, as submitted by him, albeit brief, is as follows: The petitioner had to report for work usually at the Head Office of the Sri Lanka Plantation Corporation situated at Vauxhall Street, Colombo 02 and as he was from Niyagama, Talgaswatta, for…
Read MoreINTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS (ICCPR) ACT, No. 56 0F 2007 (Sinhala, English)
AN ACT TO GIVE EFFECT TO CERTAIN ARTICLES IN THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS (ICCPR) RELATING TO HUMAN RIGHTS WHICH HAVE NOT BEEN GIVEN RECOGNITION THROUGH LEGISLATIVE MEASURES AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO. WHEREAS Sri Lanka is a State Party to the International Covenant on Civil and Political Rights which was adopted by the General Assembly of the United Nations on 16th December, 1966 and entered into force on 23rd March, 1976: AND WHEREAS Sri Lanka has acceded to the aforesaid Covenant…
Read MoreUduwa Athukoralage Chandrasena, vs Sub-Inspector Buddhika, Officer-in-Charge – Crimes, Officer-in-Charge, Police Station, S.C. (FR) Application No. 258/2007
The petitioner complained that he was arrested on 27.06.2007 around 11.30 a.m. while he was on his way to attend a funeral in the Neluketiya area and that at the time he was arrested the,1st respondent had assaulted him. The petitioner accordingly alleged that due to the aforementioned action his fundamental rights guaranteed in terms of Articles 11, 13(1) and 13(2) of the Constitution had been infringed for which this Court had granted leave to proceed. Although leave to proceed was granted on Articles 11, 13(1) and 13(2) of the…
Read MoreBandula Samarasekera, vs Vijitha Alwis, Officer-in-Charge, Chief Inspector Dehigama, Officer-in-Charge S.C. (FR) Application No. 107/2007,
The petitioner had been an employee at Brown and Company from 1979 – 1996 and thereafter was engaged in facilitating sales of vehicles. His wife is a retired teacher in English who was the Head of the English Division of the Advanced Technical Institute, Kandy. Their son Sahan, was 24 years of age at the time of this incident and was engaged in a mobile phone shop in Kandy. In 2005, the petitioner and his wife had learnt that Sahan was having an affair with a married woman. In the…
Read MoreD.G. Wijotmanna vs. Diyakeliyawela and other police officers S.C. F.R. No: 138/2007
It has been alleged by the petitioner that on or about 04. 02 .2007 around 4.30 p.m. he had boarded a bus from Katugasthota town to return to his business place. As there was a person standing on the upper stand of the foot-board of the bus, he had to request that person to move inside, in order to get inside the bus. This having led to an exchange of words between two of them, the said person had kicked the petitioner hard resulting the petitioner losing his balance requiring…
Read Moreදිනේශ් තරින්ද වදහිංසා නඩුව 2303/2007
2004.06.01 හා 2004.06.03 වන දින අතර කාලය තුල දී මොහුට චූදිත හර්ෂණ තිලංග ගුණසිංහ යන අය තොරතුරු දැනගැනීමට බියගන්වා වද දුන් බැවින් 1994 අංක 22 දරණ සම්මුතියේ වගන්ති අනුව මොහු වරදක් සිදුකර ඇත. ඒ අනුව මෙම දිනේශ් තරින්ද යන යන අයව අත්තඩංගුවට ගෙන මාංචු දමා විනාඩි 45ක් පමණ පහර දී ඇත. ඒ අවස්තාවේ දී ඔහුට ක්‍රිකට් පොලු වලින්ද පහර දී ඇත. එමෙන්ම ඔහුට පා පහරවල් ද එල්ල කර ඇතම් මෙම පහර දීම් නිසා ඔහුගේ අත කැඩුණු බව ද පවසයි. නමුත් මෙම චෝදනා සියල්ලෙහිම සාක්ෂි සලකා බැලීමේ දී සාධාරණ සැකයෙන් ඔබ්බට…
Read MorePKW Wijesinghe vs Upali Chandrasiri SC/Spl. 19/2007
On 15.1.2007, the petitioner was summoned to Wattegama Police Station on a complaint made by his niece regarding an allegation that had he obtained jewellery and a loan of Rs.100,000/- from the said complainant. The petitioner with his Attorney-at-Law Saman Ratnayake and one Jayawardena who is one of his friends went to the Police Station. At the Police Station Saman Ratnayake Attorney-at-Law explained to the 1st Respondent who conducted the inquiry that the complaint of the complainant was regarding a civil dispute and left the Police Station. Thereafter when the…
Read MoreAmarasinghe Arachchige Mangalasiri Amarasinghe, vs P.M. Seneviratne, Inspector of Police,Anil Priyantha, Headquarters Inspector, S.C. (F/R) No. 264/2006
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…
Read MoreRoshan 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…
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