Bandula 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 best interest of their son, the petitioner and his wife had advised Sahan not to continue with the said affair, which Sahan had ignored. Both of them had made several attempts through their friends and relatives to advise Sahan against the said affair to no avail. On 02.12.2006, Sahan had left the petitioner’s residence stating that he would be thereafter living on his own and later the petitioner had become aware that Sahan was living with the said married woman in a rented house at Ampitiya.

For the reasons aforesaid  hold that the petitioner’s fundamental rights guaranteed in terms of Articles 11, 13(1) and 13(2) of the Constitution had been violated and the 1st respondent is responsible for the said violation of Articles 11 and 13(1) of the Constitution.  accordingly direct the 1st respondent to pay personally to the petitioner a sum of Rs. 50,000/- as compensation and costs. Since the violation of Article 13(2) had occurred whilst the petitioner was in the custody of the Police Station, Kandy and no particular officer was responsible for such violation  hold that the said violation would be the responsibility of the State and therefore  direct that a sum of Rs. 15,000/- to be paid to the petitioner by the State as compensation and costs. Altogether the petitioner would be entitled to a sum of Rs. 65,000/-. These amounts to be paid within three (3) months from today. The Registrar of the Supreme Court is directed to send a copy of this judgment to the InspectorGeneral of Police.

full judgement here


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