The two petitioners were arrested on the morning of 14.8.2001 by the 2nd and 3rd respondent police officers and other police officers for alleged theft of a water pump. They were examined by a medical officer of a hospital at noon the same day who found no injuries on them. The same day they were produced before a Magistrate who remanded them until 23.8.2001. Thereafter they complained to court that they were assaulted by the 2nd and 3rd respondents and another police officer at the police station and also by…
Read MoreTag: illegal arrested
Lama Hewage Lal DECEASED 1. Wewalage Rani Fernando (wife of the deceased) 2. Lama Hewage Janaka, 3. Lama Hewage Sampath 4. Lama Hewage Malsha Nadeeshani (Minor children of the deceased, appearing through their mother) Wewalage Rani Fernando (Guardian an-Litem) All of No. 90/1, Medawatte, Seeduwa South, Seeduwa PETITIONERS vs. 1. Officer – in – Charge, Minor Offences, Seeduwa Police Station, Seeduwa. 2. Officer – in –Charge, Police Station, Seeduwa. 3. Ratnayake, Officer – in – Charge, Negombo Prison, Negombo. 4. The Chief Jailer, Negombo Prison, Negombo. 5. Superintendent of Prison, Negombo Prison, Negombo. 6. Inspector of General of Police, Police Head Quarters, Colombo-1 7. Commissioner General of Prison, |
This is an application filed by the wife and three minor children of one Lama Hewage Lal who was arrested by the officials of the Seeduwa Police Station. Subsequently he had died whilst in the custody of the Negombo Prison Officials. The Petitioners alleged that the said Lama Hewage Lal (hereinafter referred to as the deceased) died as a result of torture while in detention and therefore at a time when he was deprived of his personal liberty. They have prayed for a declaration that the deceased’s fundamental rights guaranteed…
Read MoreSARJUN v KAMALDEEN AND TWO OTHERS SC FR 559/03
The petitioner and 3 others were transporting household furniture in their lorry, from Colombo to Katuwana. As they reached Habarana at night, he decided to spend the night at Habarana and parked the lorry on the side of the road. The petitioner had a permit to transport obtained under the Forest Ordinance, although a permit was not necessary.The petitioner claims that he obtained same out of an abundance of caution valid from 1 p.m. on 18.9.03 to 12 noon 19.9.03. Later in the night the 1st respondent came up to…
Read MoreSARJUN v KAMALDEEN AND TWO OTHERS, by supreme court. SC FR 559/03
The petitioner and 3 others were transporting household furniture in their lorry, from Colombo to Katuwana. As they reached Habarana at night, he decided to spend the night at Habarana and parked the lorry on the side of the road. The petitioner had a permit to transport obtained under the Forest Ordinance, although a permit was not necessary The petitioner claims that he obtained same out of an abundance of caution valid from 1 p.m. on 18.9.03 to 12 noon 19.9.03. Later in the night the 1st respondent came up…
Read MoreADHIKARY AND ANOTHER v AMARASINGHE AND OTHERS | 2003 1SLR 270
The 1 st petitioner an attorney-at-law was proceeding in his car from Nawala to the Bandaranaike International Conference Hall (BMICH) with his wife the 2nd petitioner and his child and the mother to attend an exhibition. At Narahenpita there was traffic block. When the vehicles started moving the 1st and 2nd respondents came up to petitioner’s car and pulled the petitioner out and abused him and stopped him. When the 2nd petitioner intervened they abused her also and slapped her. When the 1st petitioner disclosed that he was an attorney-at-law…
Read MoreROSHANA MICHAEL v. SALEH, OIC (CRIMES), POLICE STATION, NARAHENPITA AND OTHERS SC (FR) NO. 1/2001
The petiitoner, a visiting domestic servant worked in the house of her employer until 12.15 pm on 03. 12. 2000. At about 6 pm., the employer’s wife (the complainant) observed her husband’s gold wristlet watch missing. She got down the petitioner and questioned her but the wristlet watch was not found. According to the Information Book of the Narahenpita Police Station, the complainant had made a complaint regarding the loss of the wristlet watch on 04. 12. 2000 at 9.10 am.; the 1st respondent (Inspector of Police) and another officer…
Read MoreSIRIPALA v SUB INSPECTOR WIJESINGHE AND OTHERS FR 213/2001
The petitioner in his affidavit states that he is fifty-five years old and a father of four children. Due to indigent circumstances he was dealing in illicit liquor but gave up that trade three to four months prior to the incident complained of. According to him at the time of the alleged incident he had started working as a casual labourer. The petitioner further states that on 07.03.2001, at around 7 pm he went to the edge of the forest situated behind his house, to relieve himself. When he was…
Read MoreSRIYANI SILVA v IDDAMALGODA, OFFICER-IN-CHARGE, POLICE STATION PAIYAGALA AND OTHERS SC NO. 471/2000 (FR)
The petitioner is the widow of an army deserter (deceased) against whom there was also an open warrant signed by the Magistrate for possession of illicit liquor and distilling equipment. On 12.06.2000 the 2nd respondent OIC (Crimes) Paiyagala Police Station, arrested the deserter and took him to the police station where he was detained until the 17th. The petitioner and deceased’s mother and sister stated that they visited the deceased on 12th, 13th, 14th and 15th and observed the deceased being assaulted and with serious injuries. The deceased also told…
Read MoreSIRIMAWATHIE FERNANDO v. WICKREMARATNE, OFFICER IN CHARGE, POLICE STATION, DEHIWELA AND OTHERS SC APPLICATION NO. 255/98
The petitioners’ sister was the lessee of shop No. 2 Dehlwala Market belonging to the Dehlwala – Mt. Lavlnla Municipal Council. The lessee was carrying on a grocery business In the premises. As the lessee was old and feeble, the p e titio n er a ssiste d h er to continue w ith the b u sin ess. T he 5 th re sp o n d e n t the M ayor o f the C ouncil is said to have decided to b u ild a new…
Read MoreKODITUWAKKUGE NIHAL POLICE SERGEANT KOTALAWALA AND OTHERS SC APPLICATION NO. 1 2 6 /9 4
The Is’ to the 10th respondents were police officers attached to the Police Guard Room, Boralesgam uw a w hich com es u n d er the M aharagam a Police Station. On 04. 03. 1994, the petitioner w as arrested by the 1st and 2nd respondents for a traffic offence and taken to the Police G uard Room, Boralesgam uwa after using m uch force on him. W hilst in police custody, the 1st, 2nd, 4lh and 5th respondents assau lted him. He was assau lted with a rubber…
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