SUNIL SHANTHA and others vs SUB-INSPECTOR SENEVIRATNE and others SC (FR) Application 479/2009

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The two petitioners filed this fundamental rights application complaining that the 1st,2nd and 3rd respondents arrested the petitioners without a warrant and without any reasonable basis, wrongfully detained the petitioners and subjected them to torture and cruel, inhuman and degrading treatment. The petitioners also complained that the 1st and 3rd respondents failed to afford the petitioners their right to equal
protection under the law. The petitioners stated that, thereby, the 1st, 2nd and 3rd respondents have violated the petitioners’ rights guaranteed by Articles 11, 13 (1), 13 (2) and 12 (1) of the Constitution,

I direct that, as compensation, the 1st and 3rd respondents shall each pay a sum of Rs. 50,000/- to the 1st petitioner and a sum of Rs. 50,000/- to the 2A petitioner. In  addition, the State must bear responsibility for the acts of the 1st and 3rd respondents and pay compensation in a sum of Rs. 50,000/- each to the 1st and 2A petitioners.

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