According to Petitioners on 10.08.2010 at about 12.45 a.m whilst the Petitioners and their children were visiting relatives and when they were not at home , the 1st, 2nd, 4th and 5th Respondents had visited the Petitioners’ residence in the 5th Respondents vehicle had forcibly instructed the 1st Petitioner’s mother and nephew to allow them to search their house. Soon thereafter whilst still in their home, the 1st Respondent telephoned the 2nd Petitioner and ordered her to bring her husband to Kiribathgoda Police Station immediately. Due to the abusive language,…
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S. G. P. Dilshan Tilekeratne and Mother vs. Sergeant Douglas Ellepola and others. SC/FR No. 578/2011
The 1st Petitioner was a minor 15 years of age and the 2nd Petitioner was his mother at the time of filing this Fundamental Rights Application. 1st Petitioner by his application complains of illegal arrest, detention and torture by the 1st to 4th Respondents all being Constables/Inspectors of Police station, Yatawatta. It is pleaded that on or about 25.06.2011 the 1st Petitioner was playing near his house and two other children Sahan and Chathura from the neighbor-hood had brought several items to the house of the Petitioner which includes a…
Read MoreDinesh Priyankara Perera vs. police officers of panadura and others SC FR 260/2011
” The learned President’s Counsel pointed out that the instant application has been filed by the Petitioner only on the 27th of June 2011, well outside the 30 day period afforded, to invoke the jurisdiction of this court, in terms of article 126 (2) of the Constitution. It was also stressed that, the benefit of Section 13 of the Human Rights Act, as far as the computation of time is concerned, accrues only to “an aggrieved party” and the said section has no application in instances, where the complaint to…
Read MoreOmaththaMudalige Don Gamini vs . Nishantha Silva Inspector of Police and others SC/FR 81/2011
On 26.1.2011 around 5.45 p.m. the 1st and the 2nd Respondents came to his shop at Keyzer Street Colombo and showed him an open warrant issued on one OM Don Gamini and took him to the Criminal Investigation Department (CID) Colombo. The 1stRespondent thereafter showed him a petition sent to His Excellency the President and to the Inspector General of Police (IGP) and informed him that there are allegations against him (the Petitioner) regarding a double murder alleged to have been committed in 1982 and an incident relating to threating…
Read MoreSajith Suranga vs Prasad and others. SC (FR) Application No. 527/2011
At that time around 10.p.m four police officers attached to the Thelikada police station namely 2nd to 4th Respondents and one other officer whose name is not known to the Petitioner arrived at the house of Pelis on two motor-bicycles and without informing him of any reason for acting so, slapped him thrice and arrested him and Susantha. The 2nd and the 3rd Respondents were in uniform and the other two dressed in civilian attire, and assault by officers. I direct the Inspector General of Police to investigate into…
Read Morewarnakaulasooriya vs Police Sergeant Dayawansa SC. FR. Application No. 431/2010
The Petitioner in his Petition dated 02.08.2010 stated that on or about November 2009 he commenced employment in the “Mangalika Oil Mill” owned by Rukman Narasinghe of Karukkuwa, Madampe situated at Galahitiyawa, Madampe as a Machine Operator (Labourer). The Petitioner averred that his residence was situated approximately 400 Meters away from the aforesaid Oil Mill premises, and that his usual working hours at the Oil Mill were from 7.00 a.m. To 5.30 p.m. The Petitioner stated thatthere were 12 labourers inclusive of himself, and one Supervisor. Hence as the Petitioner…
Read MoreRathnasiri Fernando vs Police Sergeant Dayarathna and others SC (F/R) Application Vs. No: 514/2010
On 09-08-2010 at around 3.30pm, when the Petitioner was at his place of work, the 1st and 2nd Respondents clad in civil had come on a motor bike and asked for toddy. The Petitioner has said he did not have toddy for sale. The Petitioner alleged that the 1st and the 2nd Respondents smelt of liquor at that time. The 1st and 2nd Respondents insisted that they be given a bottle of toddy and when the Petitioner indicated he does not have toddy, the 1st and 2nd Respondents have threatened…
Read MoreYohan Indika Herath vs Ajith and other police officers. S.C. [F/R] No. 555/2009
The events that preceded this application as alleged by the Petitioner are that, on the 20th of June 2009 the Petitioner’s brother, one Herath Mudiyanselage Dilan Mahesh Herath organized a musical show in the Dummalasuriya Public Playground from 8:00pm to 10:00pm.The Petitioner was a member of the organizing committee of the event and alleges that uponthe conclusion of the event he, along with two other friends, namely; Sooriya Mudiyanselage Niroshana Mahesh Kumar and Herasinghe Hettiarachchige Anil Indika, left and walked towards his vehicle. It is at this juncture that he…
Read MoreHapugodage Jagath Perera vs. Gothami Ranasinghe and other police officers SC/FR 1006/2009
The Petitioner who is running a business called Ranga Sweet has employed several employees one of whom is Asanka Sanjaya Kumara. On 17.11.2009 he accompanied Asanka Sanjaya Kumara to Mirigama Police Station as the said person had been noticed to appear at the Police Station for an inquiry on a complaint made by the wife of Asanka Sanjaya Kumara who was living inseparation from her husband. It has to be noted here that the Petitioner had not been noticed by Mirigama Police Station but he went to the Police Station…
Read MoreNandani Kumari, vs Padma Kumari Ekanayak and others SC /FR/ Application No 599/2009
The Petitioner who is a housewife, was married to one S.M. Abeyrathne a graduate teacher, and was 45 years of age and a mother of 3 children, at the time the alleged incident referred to in the petition was taken place. According to the Petitioner, an incident had taken place near her house on 27th June 2008 around 2.00 pm with one Padma Kumari Ekanayake when she was trying to dispose the garbage which was collected near her house, which ended up by the said Padma Kumari assaulting the Petitioner…
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