OmaththaMudalige Don Gamini vs . Nishantha Silva Inspector of Police and others SC/FR 81/2011

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On 26.1.2011 around 5.45 p.m. the 1st and the 2nd Respondents came to his shop at Keyzer Street Colombo and showed him an open warrant issued on one OM Don Gamini and took him to the Criminal Investigation Department (CID) Colombo. The 1stRespondent thereafter showed him a petition sent to His Excellency the President and to the Inspector General of Police (IGP) and informed him that there are allegations against him (the Petitioner) regarding a double murder alleged to have been committed in 1982 and an incident relating to threating three people with a pistol. Although the Petitioner denied all the allegations, he was handcuffed and taken to his residence at Himbutana in a jeep by four Police Officers including the 1st and the 2nd Respondents.

”In the circumstances, it is my opinion that the 3rd respondent M.A.S.Ranjith too is responsible for the violation of the Fundamental Rights of the petitioner guaranteed under Article 12(1) of the Constitution. However, I do not wish to make an order as to any payment of compensation by him since Sisira De Abrew J has adequately dealt with on the question of payment of compensation”.

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