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 MoreTag: important judgements
D.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…
Read MoreManoj Talis vs Inspector Hiriyadeniya and others SC(FR) No. 430/2005
The Petitioner complains that the 1st to 6th Respondents came to his house on 24.09.2005 around 9.15. p.m. and arrested the Petitioner. Thereafter the Petitioner was taken to Gokarella Police Station. The Petitioner complains that the 3rd Respondent slapped him, the 2nd Respondent gave a blow to his ear and the 1st Respondent hit him on his face inside the Police Station. This assaultaccording to the has taken place in a room of the Police Station. The 1st,2nd,3th,5th and 6th Respondents are directed to pay the said compensation to the…
Read MoreKUMARA VS. SILVA, SUB-INSPECTOR OF POLICE, WELIPENNA AND OTHERS SC(FR) APPLICATION No. 121/2004.
Petitioner who claimed to be an artisan who agreed to paint the police emblem for the Independence Day Celebrations was taken to the Welipenna Police on 03.02.2004 at about 8.30 a.m. by the 1st respondent sub inspector in a jeep. He said that on the way he was assaulted by the 1 st respondent who also arrested one Don Shantha. He sustained injuries. At the Police Station the petitioner was taken to the 1st respondent’s room and assaulted with a wicket on his shoulders, neck, arms and knees over 80…
Read MoreNANDASENA VS CH AN D R AD ASA, O. I. C., PO LICE STATION, HINIDUMA AND OTHERS SC (SPL) APPLICATIO N No. 12/2004
T he p e titioner com plained that the 1st respondent O IC cam e near his boutique in a jeep; and after sum m oning him assaulted him on his face. He was then taken to the police station by other police officers. He com plained of infringem ent of A rticles 11 and 13(1) of the Constitution. He alleged that a part of his boutique had been dem olished. It was proved that on inform ation received by the 1st respondent over the telephone, from a Pradeshiya Sabha…
Read MoreLama Hewage Lal DECEASED 1. Wewalage Rani Fernando (wife of the deceased) 2. Lama Hewage Janaka, 3. Lama Hewage Sampath 4. Lama Hewage Malsha Nadeeshani (Minor children of the deceased, appearing through their mother) Wewalage Rani Fernando (Guardian an-Litem) All of No. 90/1, Medawatte, Seeduwa South, Seeduwa PETITIONERS vs. 1. Officer – in – Charge, Minor Offences, Seeduwa Police Station, Seeduwa. 2. Officer – in –Charge, Police Station, Seeduwa. 3. Ratnayake, Officer – in – Charge, Negombo Prison, Negombo. 4. The Chief Jailer, Negombo Prison, Negombo. 5. Superintendent of Prison, Negombo Prison, Negombo. 6. Inspector of General of Police, Police Head Quarters, Colombo-1 7. Commissioner General of Prison, |
This is an application filed by the wife and three minor children of one Lama Hewage Lal who was arrested by the officials of the Seeduwa Police Station. Subsequently he had died whilst in the custody of the Negombo Prison Officials. The Petitioners alleged that the said Lama Hewage Lal (hereinafter referred to as the deceased) died as a result of torture while in detention and therefore at a time when he was deprived of his personal liberty. They have prayed for a declaration that the deceased’s fundamental rights guaranteed…
Read More