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…
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K.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 Moreදිනේශ් තරින්ද වදහිංසා නඩුව 2303/2007
2004.06.01 හා 2004.06.03 වන දින අතර කාලය තුල දී මොහුට චූදිත හර්ෂණ තිලංග ගුණසිංහ යන අය තොරතුරු දැනගැනීමට බියගන්වා වද දුන් බැවින් 1994 අංක 22 දරණ සම්මුතියේ වගන්ති අනුව මොහු වරදක් සිදුකර ඇත. ඒ අනුව මෙම දිනේශ් තරින්ද යන යන අයව අත්තඩංගුවට ගෙන මාංචු දමා විනාඩි 45ක් පමණ පහර දී ඇත. ඒ අවස්තාවේ දී ඔහුට ක්‍රිකට් පොලු වලින්ද පහර දී ඇත. එමෙන්ම ඔහුට පා පහරවල් ද එල්ල කර ඇතම් මෙම පහර දීම් නිසා ඔහුගේ අත කැඩුණු බව ද පවසයි. නමුත් මෙම චෝදනා සියල්ලෙහිම සාක්ෂි සලකා බැලීමේ දී සාධාරණ සැකයෙන් ඔබ්බට…
Read MoreAmarasinghe Arachchige Mangalasiri Amarasinghe, vs P.M. Seneviratne, Inspector of Police,Anil Priyantha, Headquarters Inspector, S.C. (F/R) No. 264/2006
The Petitioner is an Anesthetist, attached to the Base Hospital Dambulla and was also the Chief Organizer of the United National Party for Dodangaslanda. The 1st Respondent is an Inspector of Police of the Kurunegala Police Station. The 2nd Respondent is the Head Quarters Inspector of the Kurunegala Police Station. The Petitioner alleges that he was assaulted by the 1st Respondent inside the Kurunegala Police Station premises on 21.06.2006 and as such the Petitioner’s Fundamental Rights guaranteed under Article 11 of the Constitution have been infringed. The primary issue to…
Read MoreRoshan Mahesh Ukwatta, vs Sub Inspector Marasinghe, Officer in Charge,Sagara Liyanage, Inspector of Police,The Inspector General of Police, Police Headquarters, SC. FR Application No. 252/2006
When the case was mentioned in open Court on 09-11-2006 the 1st and 2nd respondents were absent and unrepresented and the State Counsel who represented the 4th Respondent ( Hon. the Attorney-General) had informed Court that the Attorney General was not appearing for the 1st and 2nd respondents. Perusal of the docket reveals that on 25th August 2008 the Attorney-General had intimated to Court that on investigation reports filed by the 1st and 2nd respondents the Petitioner would be discharged in the criminal proceedings. However the petitioner elected to proceed…
Read MoreKUMARA VS. SILVA, SUB-INSPECTOR OF POLICE, WELIPENNA AND OTHERS SC(FR) APPLICATION No. 121/2004.
Petitioner who claimed to be an artisan who agreed to paint the police emblem for the Independence Day Celebrations was taken to the Welipenna Police on 03.02.2004 at about 8.30 a.m. by the 1st respondent sub inspector in a jeep. He said that on the way he was assaulted by the 1 st respondent who also arrested one Don Shantha. He sustained injuries. At the Police Station the petitioner was taken to the 1st respondent’s room and assaulted with a wicket on his shoulders, neck, arms and knees over 80…
Read MoreSRI THAMINDA, DHARSHANE AND MAHALEKAM v INSPECTOR OF POLICE AND OTHERS SC FR 463/464/465/03
The petitioners allege violations of Articles, 11 and 13(1) by certain officers. They complain that they were arrested without justification and were brutally assaulted, and further contend that, they were subjected to torture or to cruel inhuman or degrading treatment or punishment in violation of Article 11. The respondents contended that the petitioners were under the influence of liquor and when the 3rd petitioner was requested to move his three wheeler away, the petitioners had attacked the respondents and the Police Constable who had sustained injuries had to be hospitalised,…
Read MoreGuneththige Misilin Nona, Akkara Heththedeka, vs Muthubanda (10312), Police Constable Moragahahena Police Station, Moragahahena. Maheepala, Officer in Charge, S.C. (F/R) No. 429/2003
The 1st and the 2nd Petitioners are respectively the mother and sister of the deceased Thisera Sunil Hemachandra who died on 26th July 2003 (hereinafter referred to as the deceased), while allegedly in Police custody. The deceased was a Sri Lankan citizen and 32 years of age at the time of his death. The 1st Respondent was a Police constable attached to the Police Station at the time of the death of the deceased. The 2nd Respondent is the Officer in Charge of the Police Station. The 3rd Respondent is…
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