On 12.6.2000 the deceased was arrested and kept in custody at the Payagala Police Station where he remained in custody until he was produced before the Magistrate on 17.06.2000 when he was remanded to prison. On 20.6.2000 the detenue died at the Remand Prison. There is prima facie evidence including medical evidence to the effect that the deceased was assaulted whilst in police custody and his death resulted by reason of such assault. A petition was filed on 18.7.2000 on behalf of the petitioner (the deceased detenue). On 23.8.2000 on…
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SRIYANI SILVA v IDDAMALGODA, OFFICER-IN-CHARGE, POLICE STATION PAIYAGALA AND OTHERS SC NO. 471/2000 (FR)
The petitioner is the widow of an army deserter (deceased) against whom there was also an open warrant signed by the Magistrate for possession of illicit liquor and distilling equipment. On 12.06.2000 the 2nd respondent OIC (Crimes) Paiyagala Police Station, arrested the deserter and took him to the police station where he was detained until the 17th. The petitioner and deceased’s mother and sister stated that they visited the deceased on 12th, 13th, 14th and 15th and observed the deceased being assaulted and with serious injuries. The deceased also told…
Read MorePRIYANTHA DIAS v. EKANAYAKE, RESERVE POLICE CONSTABLE. POLICE STATION, POLPITHIGAMA AND OTHERS SC (APPLICATION) NO. 860/99
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…
Read MoreSIRIMAWATHIE FERNANDO v. WICKREMARATNE, OFFICER IN CHARGE, POLICE STATION, DEHIWELA AND OTHERS SC APPLICATION NO. 255/98
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…
Read MoreWIJENAYAKE AND OTHERS v. AMERASENA AND OTHERS SC (FR) 290/98
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…
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 MoreDISSANAYAKE v. PREMARATNE, INSPECTOR OF POLICE, NUWARA-ELIYA S.C. (SPECIAL) NO. 117/97 WITH S.C. APPLICATION NO. 858/97
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…
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 MoreSUBASINGHE v. POLICE CONSTABLE SANDUN AND OTHERS S.C. (SPECIAL) NO. 235/96
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…
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…
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