SWARNA MANJULA and NAWARATHNA HENALAGE ROSALIYA vs PUSHPAKUMARA and others S.C. F.R. No. 241/14

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In their application to this Court, the petitioners allege that the 1st and 2nd respondents violated several of the petitioners‟ fundamental rights. The case urged by the petitioners and the positions taken in the 1st and 2nd respondents‟ affidavits and documents annexed thereto, all require careful scrutiny. Therefore, I will set out, in some detail, the petitioners‟ narrative of the alleged events upon which they base
their application to this Court and the positions taken by the 1st and 2nd respondents in their affidavits and the contents of the documents they have annexed.

I hold that the petitioners‟ fundamental rights under Article 12(1) and Article 13(1) have been violated by the 1st respondent. I hold that the petitioners are entitled to compensation for the wrongful arrest and wrongful detention they were forced to undergo and for the harassment that was unnecessarily, unreasonably and unlawfully meted out to them by the 1st respondent and police officers acting under his directions and with his authority. I direct the State to pay the petitioners Rs.50,000/- each, as compensation.

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