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…
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SUNIL 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 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 MoreMalalage Gunadasa Peiris vs Hettigedara Weerakoon, Inspector of Police, and Others SC (FR) Application No. 278/2008
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…
Read MoreEdward 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 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 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…
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