The petitioner was arrested on 29.07.87 and produced before the Elpitiya Magistrate on 18.10.87.and remanded to the Galle prison on his orders made from time to time. While in prison custody on 1.12.87 the petitioner was bathing at a water tank near the prison cell when the 1st respondent was alleged to have assaulted the petitioner saying he was not entitled to bathe there at that time. after few years the judgement was published and it was the Application allowed and Compensation ordered Rs. 15000 for petitioner. this was a…
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Wijesiriwardene vs. Kumara, Inspector of police, kandy and two Others, the judgement was given by supreme court. NO. 191 of 1988
The petitioner, a 16 year student of St. Paul’s College, Kandy had been served a pamphlet directing him to get the students of his school on the streets throughout the week oh pain of death. The petitioner attended the school the following day and found no students in his classroom but the students of the school were congregating in various places and demonstrating and shouting slogans within the precincts of the school. He learnt the attendance Register was not being marked. So he left for athletics training but found no…
Read MoreSamanthilaka Vs Ernest Perera and Others. the judgement was given by supreme court S. C. APPLICATION No. 65/88.
Gamaralalage Samanthilake alleged that The violation by certain police officers. the petitioner who Samanthilake concerned her fundamental right of freedom from arrest, except according to procedure established by law [Article 13 (1)]; her right to personal liberty and freedom from detention or custody, except after being produced before a judge of the nearest competent court, upon and in terms of an order of such judge made in accordance with procedure established by law[Article 13 (2)]; and the right to be free from torture and cruel, inhuman or degrading treatment or…
Read MoreAMAL SUDATH SILVA v. KODITUWAKKU, INSPECTOR OF POLICE AND OTHERS | 1987 2SLR 119
The petitioner has established that he has been subjected to torture and cruel treatment by the Police whoever they be, despite doubts about the exact identification of the particular Police Officers, when he was under arrest. The police force is an organ of the State. The State is liable to pay compensation to the victim. Per Atukorale, J. ‘The report of the M.O. is in my view, valueless and unworthy of acceptance. On his own showing it is evident that he has not carried out an independent examination of the…
Read MoreANSALIN FERNANDO v. SARATH PERERA, OFFICER-IN-CHARGE, POLICE STATION, CHILAW AND OTHERS, the judgement was given by supreme court. S.C. APPLICATION NO. 18/87
her petition dated 18.02.87 the petitioner complains that her son the 6th respondent (a University student) was arrested at their house in Chilaw on 02.01.87 at about 3.30 p.m. by a police party who assaulted him with fists and took him away in a jeep without giving any reason for the arrest; that thereafter the 6th respondent was detained at the Bandaragama Police Station where he was subjected to assaults and other ill-treatment; that the 6th respondent was last seen on the evening of 04.02.87 after which she was informed…
Read MoreThe case of Amal Sudath Silva vs Kodithuwakku, inspector of police and Others S.C. APPLICATION No. 186/86.
The petitioner pleads that he was arrested by the police on 9.10.1 386 on suspicion of having committed theft of side mirrors from several motor vehicles. He was thereafter taken to the Panadura police station in custody for 5 nights without being produced before a Magistrate During this period of 5 days he states he was severely beaten up by the 4 respondents with batons and was also subjected to physical torture by them by being hung to a beam at the police station by his hands tied to a…
Read MoreNamasivayan vs Gunawardene the judgement was given by supreme court S. C. APPLICATION NO. 166/86
The petitioner was travelling in a bus at Nawalapitiya when he was arrested by the 3rd respondent. He was not informed the reason for his arrest. He was taken to a security personnel camp and kept there and repeatedly assaulted by the 3rd respondent and other security personnel. He was forced to make a statement on the lines suggested by the 3rd respondent. He was not released after his statement as promised but continued to be kept in unlawful detention. The respondent said the petitioner was arrested because he was…
Read MoreROBERTS AND ANOTHER v. RATNAYAKE AND OTHERS |1986 2SLR 36
The second petitioner, the Sri Lankan wife of the 1 st petitioner a foreigner, held tenancies of 3 stalls and two bare land leases from the Kandy Municipal Council at the Jathika Pola, Tomlin Park. Kandy where she carried on several businesses including that of a cafe. The petitioners complain they have been the victims of a relentless and unceasing series of attempts to deprive the 2nd petitioner of her tenancies and destroy her business by improper…
Read MorePREMALAL PERERA VS WEERASOORIYA | 1985 3SLR 177
The petitioner an employee of the Government Railway Department complained that a circular authorising the deduction of a contribution from him to the National Security Fund in the absence of objection by him infringes {1) his Fundamental Right of freedom of thought, conscience and freedom (Article 10, 14(1) (e) of the Constitution) because the money is to be used to buy arms and weapons which will be employed in the destruction of human life and violence which is repugnant to the tenets of the Buddhist faith and belief which he…
Read MoreThe case of Kapugeekiyana vs Hettiachchi and two others S.C. No. 80/84.
The petitioner, a suspect in a murder case complained that about 6.00 a m. on 13.6.1984 the 1st and 2nd respondents entered his house, searched it and took into custody documents and files belonging to him without a search warrant. Thereafter without a warrant of arrest they arrested him and took him to the 4th Floor of the C.I.D. Office, Colombo 01. There they subjected him to harassment, assault, torture, duress. humiliation and cruel, inhuman, degrading and barbaric treatment. the judgement was compensation ordered for illegal detention. the court…
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