important judgements

PRIYANTHA DIAS v. EKANAYAKE, RESERVE POLICE CONSTABLE. POLICE STATION, POLPITHIGAMA AND OTHERS SC (APPLICATION) NO. 860/99

January 1, 1999March 30, 2021 editor

The petitioner who is from Homagama was a teacher attached to the Kattamberiya Yaya Vidyalaya, Makulpotha. He was accompanied by the Principal of the school and was on the way to board a bus. At that stage the1st and 2nd respondent Reserve Police Constables came on a motor cycle and questioned the petitioner, including on his place of birth. When the petitioner replied that it was Batdcaloa they said that he must be a tiger and assaulted him despite the intervention of the Principal. They forcibly took the petitioner on…

SIRIMAWATHIE FERNANDO v. WICKREMARATNE, OFFICER IN CHARGE, POLICE STATION, DEHIWELA AND OTHERS SC APPLICATION NO. 255/98

December 7, 1998March 30, 2021 editor

The petitioners’ sister was the lessee of shop No. 2 Dehlwala Market belonging to the Dehlwala – Mt. Lavlnla Municipal Council. The lessee was carrying on a grocery business In the premises. As the lessee was old and feeble, the p e titio n er a ssiste d h er to continue w ith the b u sin ess. T he 5 th re sp o n d e n t the M ayor o f the C ouncil is said to have decided to b u ild a new…

WIJENAYAKE AND OTHERS v. AMERASENA AND OTHERS SC (FR) 290/98

September 1, 1998March 30, 2021 editor

The Petitioners allege that a Police party entered the “Guesthouse” and caused a search to be made. The Petitioners also allege that they were brutally assaulted. The Petitioners were also charged under the Brothels Ordinance, in the Magistrate’s Court, and all the Petitioners were acquitted after trial. The State will pay the Petitioners Rs. 25,000/- as compensation and costs. The three Petitioners will therefore be entitled to a sum of Rs. 150,000/- from the 1st to the 7th Respondents as compensation and a sum of Rs. 25,000/- from the State…

SUBASINGHE v. POLICE CONSTABLE SANDUN AND OTHERS | 199 2SLR 23

August 25, 1998September 26, 2021 Editor

On 26.11.1996 the petitioner made a complaint to the 3rd respondent (OIC, Dankotuwa Police) regarding a commercial transaction. On the evening of that day, the 1st respondent police constable met the petitioner at the Dankotuwa Public Market and threatened to teach him a “good lesson”. The next day, the 1st respondent and another police officer (the 2nd respondent) arrested the petitioner at the Dankotuwa Public Market and took him to the police station. Thereafter the 1st respondent assaulted the petitioner with hands, kicked him and also beat him with a…

JAYASINGHE v. SUB INSPECTOR OF POLICE, JAYAKODY AND OTHERS S.C. APPLICATION NO. 66/97

December 26, 1997March 30, 2021 editor

The petitioner was arrested by a Sub Inspector of Police on 22.12.1996 for alleged attempt to rob a motor bicycle; but the petitioner was not informed of the reason for the arrest. The Sub Inspector threatened the petitioner with a pistol and ordered a police constable to remove him to the Marawila Police Station. At the police station, the petitioner was handcuffed after which he was slapped by the Officer in Charge of the Police Station. Thereafter, the petitioner was stripped, hung on a beam on the orders of the…

DISSANAYAKE v. PREMARATNE, INSPECTOR OF POLICE, NUWARA-ELIYA S.C. (SPECIAL) NO. 117/97 WITH S.C. APPLICATION NO. 858/97

May 8, 1997March 30, 2021 editor

On a message sent by the Police, the petitioner called over at the Nuwara-Eliya Police Station at about 3 p.m. on 8.5.1997 with his wife, petitioner in S.C. Application No. 858/97. They were detained at the Police Station until 5.30 p.m. on 9.5.1997 without being produced before a Magistrate when they were released on Police bail. The 1st respondent Inspector of Police and the 2nd, 4th and 5th respondents who were subordinate officers subjected the petitioner to torture on both days. His hands and feet were tied together. A pole…

CHAMINDA v. GUNAWARDENA, OIC POLICE STATION, KATARAGAMA AND OTHERS S.C. (SPECIAL) NO. 106/97

February 20, 1997March 30, 2021 editor

On 20.02.1997 the Post Master, Central Post Office, Kataragama, made a complaint to the Kataragama Police regarding a loss of monies from the Post Office safe. The petitioner was a messenger attached to that Post Office; but there was no complaint against the petitioner. However, on the same day the 2nd respondent, an Inspector of Police (since dead), arrested the petitioner and took him to the police station. The 2nd respondent questioned the petitioner about the “theft”, slapped him on the left ear and knocked his head on a wall.…

SUBASINGHE v. POLICE CONSTABLE SANDUN AND OTHERS S.C. (SPECIAL) NO. 235/96

November 26, 1996March 30, 2021 editor

ABEYWICKREMA v. GUNARATNA AND THREE OTHERS S.C. SPL 93/96.

July 7, 1996March 30, 2021 editor

The petitioner who is a three wheeler driver has taken a passenger on hire; and after arriving at the Police Station with the passenger as requested by him, he was assaulted by the Police taken into custody and produced before the A.J.M.O. According to the petitioner, on 7th July 1996 he has taken a passenger to Ragama on hire and had returned with the said passenger around 7 p.m. The passenger had gone into his place of lodging to bring the money to pay the hire due to the petitioner…

DISSANAYAKE, ATTORNEY-AT-LAW ON BEHALF OF K. M. LAL v. SUJEEWA, SUB INSPECTOR OF POLICE, MEETIYAGODA POLICE STATION AND OTHERS S.C. APPLICATION NO. 524/96

June 2, 1996March 30, 2021 editor

At the time this application was filed the victim Lai was unconscious. Subsequently he tendered an affidavit. It was alleged that close to midnight on 02. 06. 1996 when he was sleeping in his house, the 1st respondent and other police officers arrived and arrested him. He was taken to the Meetiyagoda Police station. In the early hours 03. 06. 1996 the 1st respondent assaulted him with hands and feet and a club when he lost consciousness. Later that day the police admitted the victim to Batapola hospital. As per…