Leelawathie Hariot Perera and others vs. N.K. Illangakoon, Inspector General of Police, and others SC /FR/ Application No 372/2015

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As submitted on behalf of the Petitioners, one Rumesh Liroshan Fernando who was only 20 years at the time of his untimely demise, was a victim of a stabbing which took place on 24th October 2010. The victim had succumbed to his injuries at Kalubowila Hospital, and the Police Officers 3 who investigated into the death of the above named deceased, had reported the facts before the Hon. Magistrate of Moratuwa on 25.10.2010 under B Report No 1677/10. The 4th Respondent to the present application namely Widanalage Amesh Asantha de Mel who is said to have stabbed the deceased, was arrested by the police and produced before the Magistrate and remanded to the fiscal custody on 26. 10. 2010.

In the said circumstances I am not inclined to declare that the Fundermental Rights guaranteed under Article 11 had been violated by the inaction complained by the Petitioners. I hold that the Fundermental Rights guaranteed under Article 12 (1) of the Constitution had been
violated by the conduct of the 1st to the 3rd Respondents and/or by their agents. In the said circumstances I make order directing the state to pay Rs. 50,000/- as compensation to each Petitioner.

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