Jayalath Perera vs Jagath Nishantha, Sub Inspector of Police and others SC. Application FR. No 319/2012

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The Petitioner, in his amended petition, further states that he was assaulted and tortured by the 1st , 3rd and 5
th Respondents at the Divisional Crime Investigation Unit. He, in paragraph 10 of the affidavit filed in this Court, states that the assault/torture at the said Divisional Crime Investigation Unit was witnessed by G.A. Hemantha Perera and G.A. Rathnasiri Perera who were his brothers. But surprisingly the said Hemantha Perera and Rathnasiri Perera in their affidavits marked P8 and P9 do not support the said version of the Petitioner.

For the above reasons, we hold that there is no concrete evidence before this Court to conclude that the Petitioner had been assaulted by the 1st, 3rd and 5th Respondents as alleged by the Petitioner. We therefore hold that there is no merit in the petition of the
Petitioner. For the above reasons, we dismiss the Petition of the Petitioner. No costs.

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