The petitoners were owners of Hotel “Sunray’’ Kandy and complained to the Police and the court that on 10.04.2003 they had invited about 30 persons to celebrate an award which their son had received from Trinity College. While they were awaiting the arrival of guests, some of whom had arrived, about 30 persons dressed in camouflage uniform arrived with T-56 rifles and entered the hotel and searched it. The 2nd and 3rd respondents who were police officers attached to the Kandy Police were there. They showed a search warrant. The…
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SARJUN v KAMALDEEN AND TWO OTHERS SC FR 559/03
The petitioner and 3 others were transporting household furniture in their lorry, from Colombo to Katuwana. As they reached Habarana at night, he decided to spend the night at Habarana and parked the lorry on the side of the road. The petitioner had a permit to transport obtained under the Forest Ordinance, although a permit was not necessary.The petitioner claims that he obtained same out of an abundance of caution valid from 1 p.m. on 18.9.03 to 12 noon 19.9.03. Later in the night the 1st respondent came up to…
Read MoreROSHANA MICHAEL v. SALEH, OIC (CRIMES), POLICE STATION, NARAHENPITA AND OTHERS SC (FR) NO. 1/2001
The petiitoner, a visiting domestic servant worked in the house of her employer until 12.15 pm on 03. 12. 2000. At about 6 pm., the employer’s wife (the complainant) observed her husband’s gold wristlet watch missing. She got down the petitioner and questioned her but the wristlet watch was not found. According to the Information Book of the Narahenpita Police Station, the complainant had made a complaint regarding the loss of the wristlet watch on 04. 12. 2000 at 9.10 am.; the 1st respondent (Inspector of Police) and another officer…
Read MoreKARUNATHILAKE VS LIY A N A G E , IN SP EC TO R OF P O LIC E (CR IM ES), G A M P A H A AN D OTHERS HCA14/2001
The petitioner had sought a writ of habeas corpus stating that her son, the 8th respondent was arrested by the Police on 30.04.2001, at Katugastota and was taken to the Nittambuwa Police Station. Thereafter he was taken to Weerangula Police Station, where he had been badly assaulted in connection with the murder of a Customs Officer. The plaintiff contended that as there was prima facie evidence of an infringement or imminent infringement of a fundamental right the matter should be referred to the Supreme Court to determine that matter. Thus…
Read MoreSIRIPALA v SUB INSPECTOR WIJESINGHE AND OTHERS FR 213/2001
The petitioner in his affidavit states that he is fifty-five years old and a father of four children. Due to indigent circumstances he was dealing in illicit liquor but gave up that trade three to four months prior to the incident complained of. According to him at the time of the alleged incident he had started working as a casual labourer. The petitioner further states that on 07.03.2001, at around 7 pm he went to the edge of the forest situated behind his house, to relieve himself. When he was…
Read MoreVELU ARASADEVI V PREMATILAKA AND OTHERS S C F R 4 0 1 /2 0 0 1
T h e p e titio n er w a s s to p p e d at a c h e c k poin t a n d a llo w e d to g o h o m e . Later r e s p o n d e n ts (P o lic e/A rm y O fficers) h a d c o m e h o m e a n d o r d er e d h er to a c c o m p…
Read MoreS E N A D E E R A , IN SP EC TO R OF P O LIC E , P U LM U D D A I P O LIC E STATION vs LT. SIY A S IN G H E A N D O TH E R S SC APPLICATION No. 263/2001 (FR)
The petitioner police officer complained that when he and his wife (President, Police Seva Vanitha Movement) were having lunch, the first and second respondents (army officers of the Kokilai Camp) together with soldiers of the Kokilai Camp arrived, kicked their plates and took the petitioner away in a truck, assaulted him and later chased him away. In his counter affidavit the petitioner said that there were other uniformed police officers accompanying him but there was no affidavit from any officer to support this, except his wife’s affidavit. The 3rd to…
Read MoreSRIYANI 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…
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