LUCAS APPUHAMY v. MATURATA AND OTHERS S.C. APPLICATION NO. 87/94.

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Where there were sufficient grounds for suspecting that a cognizable offence had been committed by the petitioner, his arrest without a warrant was in accordance with procedure prescribed by the Code of Criminal Procedure and therefore not in violation of Article 13(1) of the Constitution. Where the medical evidence of the injuries found on the petitioner was consistent with the version of the Police that they had been sustained in the process of the use of reasonable force in making the arrest, it cannot be said that a violation of his rights under Article 11 of the Constitution has been established.

the judgement was given by court. it was, ”the petitioner has simply sustained certain injuries in the process of the use of reasonable force in making the arrest and he has failed to establish that his rights under Article 11 of the Constitution were violated. For the reasons explained in my judgment, I declare that there has been no violation of Article 13(1) or 11 of the Constitution and therefore dismiss the application.

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