The events that preceded this application as alleged by the Petitioner are that, on the 20th of June 2009 the Petitioner’s brother, one Herath Mudiyanselage Dilan Mahesh Herath organized a musical show in the Dummalasuriya Public Playground from 8:00pm to 10:00pm.The Petitioner was a member of the organizing committee of the event and alleges that uponthe conclusion of the event he, along with two other friends, namely; Sooriya Mudiyanselage Niroshana Mahesh Kumar and Herasinghe Hettiarachchige Anil Indika, left and walked towards his vehicle. It is at this juncture that he…
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Hapugodage Jagath Perera vs. Gothami Ranasinghe and other police officers SC/FR 1006/2009
The Petitioner who is running a business called Ranga Sweet has employed several employees one of whom is Asanka Sanjaya Kumara. On 17.11.2009 he accompanied Asanka Sanjaya Kumara to Mirigama Police Station as the said person had been noticed to appear at the Police Station for an inquiry on a complaint made by the wife of Asanka Sanjaya Kumara who was living inseparation from her husband. It has to be noted here that the Petitioner had not been noticed by Mirigama Police Station but he went to the Police Station…
Read MoreSarath Kumara Naidos vs. Inspector Damith and others S.C FR Application No. 608/2008
The Petitioner in his petition filed in this court, refer to several acts of assault on him by the 1st and 2nd Respondents along with some other police officers (not named). It is pleaded that a woman who worked at a house where the Petitioner had worked for about three to four months had met him and inquired about house breaking and whether the Petitioner was involved. This had led to a heated argument. On 5 th July 2008 at about 2.00 p.m the Petitioner was working at a site…
Read MoreJanaka Sampath Batawalage vs Inspector Prasanna Ratnayake and others SC (FR) Application No.393/2008
the Petitioner who had been an army officer had retired after serving 10 years, as a lieutenant. At the time relevant to the present application, the Petitioner had been working for a private entity called Dialog Telecom (Pvt) Ltd. in the capacity of Human Resource Management Coordinator. It is pertinent to note that, at the time relevant to the present application, the Petitioner was a father of two children, one being an infant of 6 months……..The 1st Respondent at that point had beckoned to them clapping and demanded them to…
Read MoreEdward Sivalingam vs Sub Inspector Jayasekera, CID, Colombo 1. Officer-in-Charge, CID, Colombo 1. S.C. (F/R) No. 326/2008
The Petitioner in his Petition (dated 7th August 2008) stated that he was a resident of Killinochchi. When he was 13 years old he had been forcibly taken by the Liberation Tigers of Tamil Eelam (LTTE) but had been later released when his parents pleaded on his behalf but no details or specific 3 facts have been given with regards to the date or the release. On or about August 2006 the Petitioner had come from Killincochi to Vavuniya in order to travel to Colombo. On 04th August 2006, at…
Read MoreUspatabendige Buddhi Iwantha Gunasekera vs. . Sub Inspector Athukorala and others SC /FR 126 / 2008 SC /FR 126 / 2008
At the Police Station the 2nd Respondent had grabbed the 1st Petitioner by his hair and assaulted him asking in sinhala ‘badu deepan’. Thereafter the 2nd Respondent who was wearing shoes, had pulled the 1st Petitioner on to the ground and trampled the 1st Petitioner whilst kicking him. At that time, the 2nd Respondent had received a telephone call and had ordered the 1st Respondent to move the 1st Petitioner out of the room. Upon the said directions, the 1st Respondent had taken the 1st Petitioner to the Crime Division…
Read MoreK.H.G. Kushan Indika, vs Christy Leonard Ranjan Wijesekera, Officer-in-Charge,J.M. Karunaratne, Superintendent of Police, S.C. (FR) Application No. 129/2007
The petitioner, who was a Driver attached to the Sri Lanka State Plantation Corporation, had complained that his fundamental rights guaranteed in terms of Articles 11 and 13(1) of the Constitution were violated by the 1st respondent for which this Court had granted leave to proceed. The petitioner’s complaint, as submitted by him, albeit brief, is as follows: The petitioner had to report for work usually at the Head Office of the Sri Lanka Plantation Corporation situated at Vauxhall Street, Colombo 02 and as he was from Niyagama, Talgaswatta, for…
Read MoreUduwa Athukoralage Chandrasena, vs Sub-Inspector Buddhika, Officer-in-Charge – Crimes, Officer-in-Charge, Police Station, S.C. (FR) Application No. 258/2007
The petitioner complained that he was arrested on 27.06.2007 around 11.30 a.m. while he was on his way to attend a funeral in the Neluketiya area and that at the time he was arrested the,1st respondent had assaulted him. The petitioner accordingly alleged that due to the aforementioned action his fundamental rights guaranteed in terms of Articles 11, 13(1) and 13(2) of the Constitution had been infringed for which this Court had granted leave to proceed. Although leave to proceed was granted on Articles 11, 13(1) and 13(2) of the…
Read MoreBandula Samarasekera, vs Vijitha Alwis, Officer-in-Charge, Chief Inspector Dehigama, Officer-in-Charge S.C. (FR) Application No. 107/2007,
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 MoreD.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…
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