FERNANDO vs ATTORNEY GENERAL AND ANOTHER case of supreme court. S.C. APPLICATION NO. 2 OF 1983

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The petitioner, sought a declaration stating that the  Respondents (the police) violated his fundamental rights of freedom of thought, and
conscience, subjected him to cruel, inhuman and degrading treatment and punishment, illegally arrested him and did not inform him of the reason, for such arrest and violated his fundamental right of freedom of speech. he was attending a peaceful assembly and one day fast to protest against the detention of three Christian clergymen, a doctor, a University lecturer and his wife. after the petitioner and
others were members of an illegal procession on the Horowpatana Road and that when action was taken to disperse this procession violence erupted and, therefore, these people, including the petitioner were taken into custody and produced before the Magistrate.

after few year ago the case was dismissed by court. because   the case In regard to the allegation of failure to inform the Petitipner of the reason for his arrast Counsel pointed to the fact that the reason given was that of participation in a procession made illegal by an Emergency Regulation which was not in force at the time. The Petitioner was informed that he was part of an illegal procession and that is sufficient reason for the arrest. The Police do not have to quote chapter and verse from statutes and legal literature to justify the arrest. There is no obligation on the Police to ‘ quote the law applicable.

full judgement here

 

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