The petitioners, by this petition, seek a declaration that their fundamental rights guaranteed by Articles 11, 12(1), 13(1) and 13(2) of the Constitution have been violated by the respondents. This Court, by its order dated 15.12.2012, granted leave to proceed for alleged violation of the fundamental rights guaranteed under Articles 12(1), 13(1) and 13(2) of the Constitution. ”Petition dismissed. For the aforementioned reasons, I dismiss the petition of the petitioners. In all the circumstances of this case I do not order costs.” Read the full judgement>>
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Jayalath Perera vs Jagath Nishantha, Sub Inspector of Police and others SC. Application FR. No 319/2012
The Petitioner, in his amended petition, further states that he was assaulted and tortured by the 1st , 3rd and 5 th Respondents at the Divisional Crime Investigation Unit. He, in paragraph 10 of the affidavit filed in this Court, states that the assault/torture at the said Divisional Crime Investigation Unit was witnessed by G.A. Hemantha Perera and G.A. Rathnasiri Perera who were his brothers. But surprisingly the said Hemantha Perera and Rathnasiri Perera in their affidavits marked P8 and P9 do not support the said version of the Petitioner.…
Read MoreSuriyarachchige Lakshman de Silva and B.M.Ajantha Weerasinghe vs Patabendige Chaminda Edirisuriya and others SC.FR Application No:-09/2011
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,…
Read MoreJOINT ALTERNATIVE REPORT from the Sri Lankan NGO Collective to the Committee Against Torture in 2011
JOINT ALTERNATIVE REPORT from the Sri Lankan NGO Collective submitted to the UN Committee Against Torture in 2011. This joint report is submitted to the Committee against Torture (“the Committee”) in response to the Committee’s list of issues to be considered during the examination of the combined third and fourth periodic reports of Sri Lanka (CAT/C/LKA/3-4). Read full Report here>>
Read MoreJOINT ALTERNATIVE REPORT from the Sri Lankan NGO Collective to the Committee Against Torture 2011
This joint report is submitted to the Committee against Torture (“the Committee”) in response to the Committee’s list of issues to be considered during the examination of the combined third and fourth periodic reports of Sri Lanka (CAT/C/LKA/3-4). JOINT ALTERNATIVE REPORT from the Sri Lankan NGO Collective submitted to the UN Committee Against Torture in 2011. Read full Report here>>
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 MoreRajakaruna Herath Mudiyanselage Keerthirathna, Surakkulama, Mudalakkuliya. Vs Premarathna Police Constable, Police Station, Anamaduwa. And Another | No. 491/2011
The Petitioner in his petition states that the 1st Respondent, Police Constable, Premarathna attached to Anamaduwa Police Station, on 18/01/2011 came to his residence and wanted to arrest him on a warrant issued by the learned Magistrate of Anamaduwa; that the 1st Respondent on 18/01/2011 did not arrest when he was told that the Petitioner was suffering from an ailment called Epilepsy; that on 19/01/2011 when he (the Petitioner) went to the Anamaduwa Police Station with his father-in-law, he (the Petitioner) was arrested by the 1st Respondent and put him…
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…
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