The Is’ to the 10th respondents were police officers attached to the Police Guard Room, Boralesgam uw a w hich com es u n d er the M aharagam a Police Station. On 04. 03. 1994, the petitioner w as arrested by the 1st and 2nd respondents for a traffic offence and taken to the Police G uard Room, Boralesgam uwa after using m uch force on him. W hilst in police custody, the 1st, 2nd, 4lh and 5th respondents assau lted him. He was assau lted with a rubber…
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BANDARA AND ANOTHER v. PREMACHANDRA, SECRETARY, MINISTRY OF LANDS, IRRIGATION AND MAHAWELI DEVELOPMENT AND OTHERS | 1994 1SLR 301
The 22 petitioners along with 15 others were selected to follow a four-year residential course leading to the award of a Bachelor’s degree in the Surveying Service. Only Class III, Grade III Surveyors were eligible to follow this course. The 1st respondent issued letters of appointment appointing them as Surveyors in Class II Grade III on probation for a period to be notified (but not notified). Shortly thereafter the petitioners became members of the Government Surveyors’ Association, a Trade Union. The Annual General Meeting of the Association was held on…
Read MoreCHANNA PIERIS AND OTHERS v. ATTORNEY-GENERAL AND OTHERS, the Ratawesi Peramuna Case and judgement was given by supreme court. SC APPLICATIONS NO. 146/92 TO 154/92 AND 155/92 (SEVEN APPLICATIONS)
The ten applications were by consent considered together. The applicants in the ten applications were granted leave to proceed for the alleged infringements of their rights guaranteed by Articles. The petitioners were participants in a “movement” called the Ratawesi Peramuna formed in November 1991 under the leadership of Atureliya Rathana and patali champika ranawaka. the disruption in January 1992 of the exhibition of posters in Matara and the resurgence of the JVP were discussed after which a manifesto was introduced by Champika Ranawake the petitioner in Application No. 154/92. There…
Read MoreJAYASINGHE vs SAMARAWICKREMA AND OTHERS S.C. APPLICATION NO. 157/91
The petitioner was arrested on 23.07.91 (though Police gave the date as 06.06.91) and taken to the Eheliyagoda Police Station, and questioned about suspected links there until 07.08.91, when he was taken to the Deraniyagala Police Station where he was tortured. The petitioner had disappeared after 23.07.91. On learning he was at Eheliyagoda Police Station the petitioner’s mother and father had visited him daily at the Police Station, Eheliyagoda between 26.07.81 and 07.08.91 and there he had not been assaulted. On 29.07.91 the petitioner’s mother had complained to the International…
Read MoreRATNASIRI AND ANOTHER v. DEVASURENDRAN, INSPECTOR OF POLICE, SLAVE ISLAND AND OTHERS S.C. APPLICATION NO. 4/91 WITH S.C. APPLICATION NO. 3/91
The Incidents of assault and Inhuman treatm ent com plained of which w ere a sequel to travel in a bus, have been established. The Police Officers, acting under the colour of office assaulted the petitioner and subjected diem to inhuman treatm ent but the identity of the p articu lar officers who could have been personally responsible has not been established. Hence only the State would be obliged to pay compensation. Of consent, the above two applications were consolidated and heard together. The petitioner in application No. 4 (“1st…
Read MoreFAIZ V. ATTORNEY-GENERAL AND OTHERS SC APPLICATION NO. 89/91
On 26 April 1991 about 9.30 a.m. the petitioner along with 4 game guards had arrested several persons who had been detected illicitly felling timber in the Minneriya – Giritale Native Reserve and taken into custody, a hand tractor and some carts loaded with logged timber and was bringing them along when the 6th respondent C. S. Sooriyaratchi, a Member of Parliament for the Polonnaruwa District came travelling in a jeep and intercepted the petitioner at a place called Deke Ela and wanted the men released. The petitioner said he…
Read MoreSirisena and others vs Ernest Perera and Others judgement was given by supreme court S. C. APPLICATION NO. 14/90
The 1st and 2nd Petitioners were engaged in carpentry work at Arijapala’s residence in Bullers Lane between 02 and 08 April. The 3rd, 4th and 5th Petitioners were arrested by the Police when they visited the Corona’s Court at the General Hospital Colombo on 21 April 1990 to see the 1st aid 2nd Petitioners who had been arrested by the Police and produced before the Coroner to give evidence at the inquest. The 3rd to 5th Petitioners were detained by the Police and so deprived of their liberty from 11.30…
Read MoreChandra Kalyani Perera and Another vs Captain Siriwardana and Others, the judgement was given by supreme court S.C. APPLICATION NQ. 27/90
she was arrested with another one in emergency regulation by SL army near the beragala camp. the petitioner who is a married woman with three male children. She was engaged in a transport business in Badulla District and owned several vehicles. Her husband is a processing engineer at Abu Dhabi. “The first petitioner complains of being manacled, beaten with a hose, hung by her manacles and beaten until she confessed. In addition 1st respondent wanted to have sex with her”. the judgement was Application allowed and taken into consideration the…
Read MoreWIJENAIKE v. AIR LANKA LIMITED AND OTHERS |1990 1SLR 293
The petitioner joined Air Lanka as a Cadet Pilot on 10.06.84. He left the country on 22.12.87 with a view to employment with Gull Air having applied on 19.12.87 (or 03 years no pay leave. Leave however was refused. On 04.02.88 the petitioner returned and on 22.02.88 applied to be rostered for duty. This was not allowed. Air Lanka by letter dated 06.05.88 informed petitioner that he had vacated post. The petitioner’s position was that he had only prospected for foreign employment and he had made a separate application for…
Read MoreWIJAYASIRIWARDENE v. KUMARA, INSPECTOR OF POLICE, KANDY AND TWO OTHERS | 1989 2SLR 312
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. …
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