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KUMARA 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…

NANDASENA VS CH AN D R AD ASA, O. I. C., PO LICE STATION, HINIDUMA AND OTHERS SC (SPL) APPLICATIO N No. 12/2004

T he p e titioner com plained that the 1st respondent O IC cam e near his boutique in a jeep; and after sum m oning him assaulted him on his face. He was then taken to the police station by other police officers. He com plained of infringem ent of A rticles 11 and 13(1) of the Constitution. He alleged that a part of his boutique had been dem olished. It was proved that on inform ation received by the 1st respondent over the telephone, from a Pradeshiya Sabha…

SRI 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,…

Guneththige 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…

RATNAYAKE AND ANOTHER vs MEDIWAKA, DEPUTY INSPECTOR GENERAL OF POLICE, KANDY AND OTHERS S. C (FR) 231/2003

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…

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…

REMOVAL OF OFFICERS (PROCEDURE) ACT, No. 5 OF 2002 ( Sinhala,Tamil, English)

AN ACT TO PROVIDE FOR THE PROCEDURE TO BE FOLLOWED FOR THE REMOVAL OF PERSONS APPOINTED TO CERTAIN OFFICES SPECIFIED IN PART II OF THE SCHEDULE TO ARTICLE 41C OF THE CONSTITUTION ; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERE TO BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows. read the full act in english read the act in sinhala read the act in tamil

17th Amendment in Sri Lanka ( Sinhala)

read the full amendment in Sinahala

ROSHANA 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…

KARUNATHILAKE 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…