SUBBASH CHANDRA FERNANDO vs KAPILARATNE, OFFICER-IN-CHARGE, POLICE STATION, GAMPAHA S.C. APPLICATION NO. 1/91

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The petitioner is a Medical Practitioner with a MBBS degree from the University of Ceylon. He was arrested on 19.07.89 on a complaint
that he had assaulted Dr. Gunatilaka, Surgeon, Base Hospital, Gampaha and obstructed the carrying on of the service at the hospital in breach of Regulation and e Emergency Regulations.

The complaint against the petitioner was that he had assaulted Dr. Gunatilaka twice on 19.07.89 first’at the path lab, a private medical
establishment, and thereafter at the Base Hospital, Gampaha. Although he was arrested for such conduct under Emergency Regulations, criminal proceedings were instituted on 12.04.90 in M.C. Gampaha case No. 98646 under the normal law. He was charged on
two counts with voluntarily causing hurt to Dr. Gunatilaka punishable under s.314 of the Penal Code. On 01.10.90 the petitioner admitted
the commission of offences but without a formal plea of guilt and was ordered to pay Rs. 500/- as State costs.

the judgement was Relief granted for excessive detention by court.

read full judgement here>>

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