The petitioner produced a Sinhala telefilm entitled “Makara Vijithaya” at a cost, he said, of Rs. 2.3 million. The 1st respondent Corporation refused to telecast the petitioner’s telefilm during “prime time” for telefilms of that type, viz between 8.30 pm and 9.00 pm on Mondays, Tuesdays and Thursdays. The telefilm was reviewed on three occasions by different boards. On each occasion the decision was adverse to the petitioner. But he was not told who the members of the board were, how they had been appointed, what procedure they would follow,…
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NALIKA KUMUDINI, ATTORNEY-AT-LAW, (ON BEHALF OF MALSHA KUMARI) v. NIHAL MAHINDA, O.I.C. HUNGAMA POLICE AND OTHERS S.C. APPLICATION (F.R.) NO. 615/95
Malsha Kumari a 14 year old girl was arrested at her house by police officers of the Hungama Police Station. She was questioned about the theft of a gold chain and assaulted by Police Officers both at the time of her arrest and at the Police Station. The 1st respondent, officer- in-charge of the Police Station, assaulted her with a hose-pipe and trampled her. Thereafter her hands were tied behind her back and she was hung on a tree with a rope. While she remained hung the 1st respondent beat…
Read MoreABASIN BANDA v. S. I. GUNARATNE & OTHERS S.C. APPLICATION NO. 109/95.
The Petitioner alleges that he was arrested at about 6 p.m. on 1, March 1995, for no reason. He was taken to the Hanguranketha Police Station where the 1st Respondent assaulted him with a piece of wood. He was produced before the Magistrate in the morning of 2, March, 1995. The Petitioner states that he was waiting for a bus at the Rikillagaskada junction to go home, after selling cloth. Then the 1st respondent arrived in a jeep with two Police Constables and arrested him. The petitioner was not informed…
Read MoreJAYAWARDENA v. DHARANI WIJAYATILAKE, SECRETARY, MINISTRY OF JUSTICE AND CONSTITUTIONAL AFFAIRS AND OTHERS| 2001 1SLR 32
The petitioner was an Inquirer into Sudden Deaths, Gampaha, appointed to that office by the then Minister of Justice by his letter dated 13.12.1993 for a period of 3 years from 01.12.1993. He complained that the 1st respondent (Secretary, Ministry of Justice) purported to cancel his appointment with effect from 31.05.1995 by a letter dated 26.5.1995 written by the Is1 respondent; that by another letter dated 26.5.1995 the l 31 respondent informed the 3rd respondent that the 2nd respondent (Minister of Justice) had appointed the 3rd respondent as the Inquirer…
Read MoreW. K. C. PERERA v. PROF. DAYA EDIRISINGHE AND OTHERS | 1995 1SLR 148
Under the Rules “Advanced Drawing” was not a main subject for the final examination for the Degree of Bachelor of Fine Arts. Where the Rules are clear and unambiguous it is impermissible and unnecessary to refer to the Examination Criteria in order to interpret the Rules. For a student who has selected Design, “Advanced Drawing” is a subject but not a “Main subject”. In respect of a student who selected Design the only requirement for an ordinary pass is that she should obtain an average of 40% in the examination.…
Read MoreConvention Against Torture And Other Cruel, Inhuman Or Degrading Treatment Or Punishment Act No 22 of 1994 ( Sinhala , Tamil, English)
WHEREAS a Convention against Torture and other Cruel Inhuman or Degrading Treatment or Punishment, was signed in New York on December 10, 1984: AND WHEREAS by an instrument of accession dated December 14, 1993, and deposited with the Secretary- General of the United Nations Organization, on January 3, 1994, Sri Lanka has acceded to the aforesaid Convention : AND WHEREAS the aforesaid Convention has entered into force for Sri Lanka with effect from February 2, 1994: AND WHEREAS it has become necessary to make legislative provision to give effect to…
Read MoreLUCAS APPUHAMY v. MATURATA AND OTHERS S.C. APPLICATION NO. 87/94.
Where there were sufficient grounds for suspecting that a cognizable offence had been committed by the petitioner, his arrest without a warrant was in accordance with procedure prescribed by the Code of Criminal Procedure and therefore not in violation of Article 13(1) of the Constitution. Where the medical evidence of the injuries found on the petitioner was consistent with the version of the Police that they had been sustained in the process of the use of reasonable force in making the arrest, it cannot be said that a violation of…
Read MoreJAYASINGHE v. THE ATTORNEY GENERAL AND OTHERS | 1994 2SLR 74
The petitioner was a storekeeper employed by the 2nd respondent (Colombo South Co-operative Society). He was interdicted by letter without a stated reason and without pay. It was known that he was alleged to have been responsible for shortages at four places where he had worked between 16.3.94 to 16.9.77. No charge sheet was served on him for 14 years until 1.1.92. The disciplinary proceedings were concluded only in August 1994 after the court had given leave to proceed. By letter dated 2.9.94 he was informed that his services were…
Read MoreKODITUWAKKUGE NIHAL POLICE SERGEANT KOTALAWALA AND OTHERS SC APPLICATION NO. 1 2 6 /9 4
The Is’ to the 10th respondents were police officers attached to the Police Guard Room, Boralesgam uw a w hich com es u n d er the M aharagam a Police Station. On 04. 03. 1994, the petitioner w as arrested by the 1st and 2nd respondents for a traffic offence and taken to the Police G uard Room, Boralesgam uwa after using m uch force on him. W hilst in police custody, the 1st, 2nd, 4lh and 5th respondents assau lted him. He was assau lted with a rubber…
Read MoreGAMINI DISSANAYAKE (PETITIONER IN SC 4/91) v. M. C. M. KALEEL AND OTHERS | 1993 2SLR 135
Eight Members of the United National Party who were also members of Parliament singly filed eight petitions bearing numbers SC 4 – 11/91 challenging their expulsion from the Party. The respective petitioners in applications No. SC 5/91 and No. SC 8/91 were Ministers of Cabinet rank in the UNP government shortly before their expulsion. The petitioner in application No. SC 9/91 and the petitioner in application No. SC 10/91 were a State Minister and Project Minister respectively in ttie UNP government shortly before their expulsion. The petitioners have filed their…
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