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 we are of the opinion that the petitioner had failed to establish with prima facie evidence that the assault of the corpus with clubs by the 1st to 5th respondents, and there had been an infringement of his rights under Articles 11,13(1) and 13(2) of the Constitution. For the reasons mentioned above, we refuse the application of the
petitioner to refer this matter to the Supreme Court under Article 126(3) of the Constitution.
