he was arrested by certain police officers attached to the Anuradhapura Police Station, who tortured him while in police custody, resulting in severe injuries. On 17th September 2008, this Court granted leave to proceed only with respect to the alleged violation of Article 11 of the Constitution, which provides that no person “shall be subjected to torture, or to cruel, inhuman or degrading treatment or punishment” after few years ago published the judgement that was given by court. ”And Accordingly, I make order upholding the substitution that was effected by…
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Edward Sivalingam vs Sub Inspector Jayasekera, CID, Colombo 1. Officer-in-Charge, CID, Colombo 1. S.C. (F/R) No. 326/2008
The Petitioner in his Petition (dated 7th August 2008) stated that he was a resident of Killinochchi. When he was 13 years old he had been forcibly taken by the Liberation Tigers of Tamil Eelam (LTTE) but had been later released when his parents pleaded on his behalf but no details or specific 3 facts have been given with regards to the date or the release. On or about August 2006 the Petitioner had come from Killincochi to Vavuniya in order to travel to Colombo. On 04th August 2006, at…
Read MoreUspatabendige Buddhi Iwantha Gunasekera vs. . Sub Inspector Athukorala and others SC /FR 126 / 2008 SC /FR 126 / 2008
At the Police Station the 2nd Respondent had grabbed the 1st Petitioner by his hair and assaulted him asking in sinhala ‘badu deepan’. Thereafter the 2nd Respondent who was wearing shoes, had pulled the 1st Petitioner on to the ground and trampled the 1st Petitioner whilst kicking him. At that time, the 2nd Respondent had received a telephone call and had ordered the 1st Respondent to move the 1st Petitioner out of the room. Upon the said directions, the 1st Respondent had taken the 1st Petitioner to the Crime Division…
Read MoreDodampe Gamage Asantha Aravinda vs Atapattu (21899) Police Sergeant, Police Station, Pitabeddara, Bandu Saman (64017) Police Constable, Police Station, Pitabeddara and another | No:26/2009
The Petitioner, by this petition, inter alia, seeks a declaration to the effect that his fundamental rights guaranteed under Article 11,12(1),13(1) and 13(2) of the Constitution have been violated by the Respondents . This Court by its order dated 11.2.2009, granted leave to proceed for alleged violation of Article 11 and 12(1) of the Constitution. The Petitioner in his petition alleges the following facts. When the petitioner on 28.2.2008 riding his motor cycle with his friend Thushara Chaminda on the pillion in Pitabeddara (name of a village) area, lorry driven…
Read MoreEdiriweera Arukpatabandige Sugath Rohan Jayasuriya vs. Police Constable Manikkaratnam, and Others SC (FR) Application No.43/2008
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…
Read MoreK.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…
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