The petitoners were owners of Hotel “Sunray’’ Kandy and complained to the Police and the court that on 10.04.2003 they had invited about 30 persons to celebrate an award which their son had received from Trinity College. While they were awaiting the arrival of guests, some of whom had arrived, about 30 persons dressed in camouflage uniform arrived with T-56 rifles and entered the hotel and searched it. The 2nd and 3rd respondents who were police
officers attached to the Kandy Police were there. They showed a search warrant. The 2nd respondent Sub Inspector Kandy Police averred that the raid was carried out on the instructions of the Assistant Superintendent of Police to
investigate a petition dated 03.04.2003 alleging that the hotel was used as a
brothel and that a woman used to sell heroin to school children. The Assistant Superintendent also instructed, in tera lia , to inquire whether illegal activities were being done with the connivance of Kandy Police or any officer. The 2nd respondent was instructed to investigate if necessary, after obtaining a search warrant and to make a report to court. The search did not disclose any offence and the police party left representing that the matter was settled.
On a consideration of the totality of the circumstances in the instant application and for the aforementioned reasons hold that the petitioners have not been successful in establishing that there was a violation of their
fundamental rights guaranteed in terms of Articles 11,12(1) and 14 (1)g of the Constitution. This application is accordingly dismissed, but in all the circumtances of this case there will be no costs.
