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 MoreCategory: Supreme court
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…
Read MoreD.G. Wijotmanna vs. Diyakeliyawela and other police officers S.C. F.R. No: 138/2007
It has been alleged by the petitioner that on or about 04. 02 .2007 around 4.30 p.m. he had boarded a bus from Katugasthota town to return to his business place. As there was a person standing on the upper stand of the foot-board of the bus, he had to request that person to move inside, in order to get inside the bus. This having led to an exchange of words between two of them, the said person had kicked the petitioner hard resulting the petitioner losing his balance requiring…
Read MorePKW Wijesinghe vs Upali Chandrasiri SC/Spl. 19/2007
On 15.1.2007, the petitioner was summoned to Wattegama Police Station on a complaint made by his niece regarding an allegation that had he obtained jewellery and a loan of Rs.100,000/- from the said complainant. The petitioner with his Attorney-at-Law Saman Ratnayake and one Jayawardena who is one of his friends went to the Police Station. At the Police Station Saman Ratnayake Attorney-at-Law explained to the 1st Respondent who conducted the inquiry that the complaint of the complainant was regarding a civil dispute and left the Police Station. Thereafter when the…
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 MoreManoj Talis vs Inspector Hiriyadeniya and others SC(FR) No. 430/2005
The Petitioner complains that the 1st to 6th Respondents came to his house on 24.09.2005 around 9.15. p.m. and arrested the Petitioner. Thereafter the Petitioner was taken to Gokarella Police Station. The Petitioner complains that the 3rd Respondent slapped him, the 2nd Respondent gave a blow to his ear and the 1st Respondent hit him on his face inside the Police Station. This assaultaccording to the has taken place in a room of the Police Station. The 1st,2nd,3th,5th and 6th Respondents are directed to pay the said compensation to the…
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 MoreSAMARAKOON AND OTHERS VS UNIVERSITY GRANTS COMMISSION AND OTHERS | 2005 1SLR 119
Fundamental Rights – Petitioners who qualified to join Medical Faculty from Kandy District according to policy declared in Hand Book excluded – Legitimate expectations – Article 12(1) of the Constitution. According to the Hand Book for the academic year 2000/2001 published by the University Grants Commission (UGC) it was declared that 900 places will be available for intake of students to medical faculties of all the Universities in this country. Out of this number and as per the marking scheme, 54 places had to be allocated to the Kandy District.…
Read MoreFAROOK VS DHARMARATNE, CHAIRMAN, PROVINCIAL PUBLIC SERVICE COMMISSION, UVA AND OTHERS | 2005 1SLR 133
The petitioner who was in Grade l-l of the Sri Lanka Principals’ Service was not eligible to apply for the post of Principal of Sir Razick Fareed Maha Vidyaiaya. Flowever, with the support of the Provincial Chief Minister of the Uva Province, he first became Principal of Liyanagahawela Tamil Vidyaiaya for which he was not eligible and thereafter by deceit and with the support of the Provincial Ministry of Education he obtained an appointment as Principal of Razick Fareed Maha Vidyaiaya. When the 05th respondent the Provincial Director of Education,…
Read More