SASANASIRITISSA THERO AND OTHERS v. P.A. DE SILVA, CHIEF INSPECTOR, C.I.D. AND OTHERS | 1989 2SLR 356

Editor

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 the 6th
respondent (the 5th respondent’s Public Relations Officer). The 1st petitioner is the
patron of the SLFP and a prominent party worker opposed to the Government while
the 2nd. and 3rd petitioners were his van driver and aide respectively. The 1st
petitioner’s van driven by the 2nd petitioner had been about 75 yards away from the
place where the bomb exploded. The van had come to the town to change tyres and
neither the 2nd or 3rd’ petitioner’s had anything to do with the incident. The 1 st
petitioner had gone, to the house of one Justin Silva and with him gone to the temple
but came to know on the day of the incident itself (9.10.87) that his driver and aide
had been taken into custody.

Read the full judgement here

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