On 12. 02. 1997 at about 2.15 am the 2nd respondent Deputy Inspector-General of Police, Criminal Investigation and the 3rd respondent Deputy Director, Criminal Investigation entered the petitioner’s residence without a warrant or the petitioner’s permission purporting to act under sections 24 and 25 of the Code of Criminal Procedure Act on the basis that they had “reason to believe” that a murder suspect – one Punchi Nilame had entered the premises. Those respondents stated that they acted on the instructions of the 1st respondent Inspector-General of Police who had…
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KARUNATHILAKA AND ANOTHER v. DAYANANDA DISSANAYAKE, COMMISSIONER OF ELECTIONS AND OTHERS | 1999 1SLR 157
The period of office of the Central, Uva, North-Central, Western and Sabaragamuwa Provincial Councils came to an end in June, 1998. The Commissioner of Elections (the 1st respondent) fixed the nomination period in terms of section 10 of the Provincial Councils Elections Act, No. 2 of 1988. After the receipt of nominations which concluded on 15.07.1998 each returning officer fixed 28.8.98 as the date of the poll by a notice under section 22 (1) of the Act. The issue of postal ballot papers in terms of section 24 of the…
Read MoreJAYASINGHE v. SUB INSPECTOR OF POLICE, JAYAKODY AND OTHERS S.C. APPLICATION NO. 66/97
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…
Read MoreSMITHKLINE BEECHAM BIOLOGICALS S.A. AND ANOTHER v. STATE PHARMACEUTICAL CORPORATION OF SRI LANKA AND OTHERS | 1997 3SLR 20
Offers were invited worldwide by the State Pharmaceutical Corporation on behalf of the Director of Health Services for the supply of Rubella Viral Vaccine. There were five offers. Of them, SmithKIine Beecham Biologicals S.A. Belgium (fourth lowest tenderer) was the only person who had made a responsive bid conforming with the tender document at the relevant date. In particular, its product had been registered with the Cosmetic Devises and Drugs Authority of Sri Lanka, which was a requirement of the tender conditions. It was also a past supplier; and there…
Read MoreCHAMINDA v. GUNAWARDENA, OIC POLICE STATION, KATARAGAMA AND OTHERS S.C. (SPECIAL) NO. 106/97
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.…
Read MoreKARUNADASA v. UNIQUE GEM STONES LTD., AND OTHERS| 1997 1SLR 256
The Commissioner of Labour (2nd respondent) acting on the recommendation of an Assistant Commissioner (3rd respondent) to whom he had delegated the power to hold an inquiry, as permitted by Section 11 of the Termination of Employment of Workmen (Special Provisions) Act No. 45 of 1971, held that the termination of services of the appellant workman was contrary to Section 2(1) of the Act and ordered his reinstatement with back wages. The 2nd respondent failed to give reasons for his decision, though requested by the 1st respondent employer. No material…
Read MoreCHANDRASENA V. KULATUNGA AND OTHERS |1996 2SLR 326
The Petitioner, a trained teacher ‘complained that he was transferred from Puttalam Regional Education Office to the Nikaweratiya Regional Education Office, in the middle of the year, with only 6 days notice, ‘without valid reasons or cause and in an arbitrary, malicious and capricious manner, subjecting him to selective hostile discrimination*. The Petitioner averred that no other teacher in North – Western Provincial Council had been transferred in this manner. The 3rd Respondent (North – Western Provincial Director of Education) claimed that the transfer was on disciplinary grounds, with the…
Read MorePRIYANGANI V. NANAYAKKARA AND OTHERS | 1996 1SLR 399
Petitioner, a Primary school teacher completed a five year period at a school classified as a difficult school and applied for and obtained a transfer to a school close to her husband’s home in February 1995. On 29.06.95 she received a letter dated 13.06.95 issued by the 2nd Respondent the Director of Education of the Puttalam Zone of the North Western Province (NWP) transferring her back to the old difficult school with immediate effect. Also no travelling expenses were to be paid. Transfers within the NWP were governed by a…
Read MoreABEYWICKREMA v. GUNARATNA AND THREE OTHERS S.C. SPL 93/96.
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…
Read MoreGUNARATNE AND OTHERS V. CEYLON PETROLEUM CORPORATION AND OTHERS | 1996 2SLR 315
For many years before 1994 the 1st Petitioner had – as an individual – a Dealership Agreement together with the requisite authority under section 5 E of the Ceylon Petroleum Corporation Act, No. 28 of 1961 as amended (by Act No. 5 of 1963) for running a filling station for the sale, supply and distribution of petroleum. The same filling station was taken over by the petitioners in partnership on a Dealership Agreement signed by the Petitioners on 23.3.94 and by 1st Respondent on 26.10.94 and the petitioners were granted…
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