lawpoints

SIRIMAWATHIE FERNANDO v. WICKREMARATNE, OFFICER IN CHARGE, POLICE STATION, DEHIWELA AND OTHERS SC APPLICATION NO. 255/98

December 7, 1998March 30, 2021 editor

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…

KARUNATHILAKA AND ANOTHER v. DAYANANDA DISSANAYAKE, COMMISSIONER OF ELECTIONS AND OTHERS | 1999 1SLR 157

December 4, 1998September 26, 2021 Editor

The period of office of the Central, Uva, North-Central, Western and Sabaragamuwa Provincial Councils came to an end in June, 1998. The Commissioner of Elections (the 1st respondent) fixed the nomination period in terms of section 10 of the Provincial Councils Elections Act, No. 2 of 1988. After the receipt of nominations which concluded on 15.07.1998 each returning officer fixed 28.8.98 as the date of the poll by a notice under section 22 (1) of the Act. The issue of postal ballot papers in terms of section 24 of the…

WIJENAYAKE AND OTHERS v. AMERASENA AND OTHERS SC (FR) 290/98

September 1, 1998March 30, 2021 editor

The Petitioners allege that a Police party entered the “Guesthouse” and caused a search to be made. The Petitioners also allege that they were brutally assaulted. The Petitioners were also charged under the Brothels Ordinance, in the Magistrate’s Court, and all the Petitioners were acquitted after trial. The State will pay the Petitioners Rs. 25,000/- as compensation and costs. The three Petitioners will therefore be entitled to a sum of Rs. 150,000/- from the 1st to the 7th Respondents as compensation and a sum of Rs. 25,000/- from the State…

SUBASINGHE v. POLICE CONSTABLE SANDUN AND OTHERS | 199 2SLR 23

August 25, 1998September 26, 2021 Editor

On 26.11.1996 the petitioner made a complaint to the 3rd respondent (OIC, Dankotuwa Police) regarding a commercial transaction. On the evening of that day, the 1st respondent police constable met the petitioner at the Dankotuwa Public Market and threatened to teach him a “good lesson”. The next day, the 1st respondent and another police officer (the 2nd respondent) arrested the petitioner at the Dankotuwa Public Market and took him to the police station. Thereafter the 1st respondent assaulted the petitioner with hands, kicked him and also beat him with a…

PREMARATNE v. UNIVERSITY GRANTS COMMISSION AND OTHERS | 1998 3SLR 395

July 3, 1998September 26, 2021 Editor

The petitioner had been admitted at first to the University of Sri Jayawardenapura on the result of the GCE ‘A’ Level examination 1978, and had followed a course in Biological Sciences. The Petitioner had sat again for the GCE ‘A’ Level 1979, and was informed that she was qualified to be admitted to the Faculty of Medicine. In her application in 1981 for admission the petitioner had made a declaration that she had not been previously registered to follow a course of study in any other University. This declaration had…

JAYASINGHE v. SUB INSPECTOR OF POLICE, JAYAKODY AND OTHERS S.C. APPLICATION NO. 66/97

December 26, 1997March 30, 2021 editor

The petitioner was arrested by a Sub Inspector of Police on 22.12.1996 for alleged attempt to rob a motor bicycle; but the petitioner was not informed of the reason for the arrest. The Sub Inspector threatened the petitioner with a pistol and ordered a police constable to remove him to the Marawila Police Station. At the police station, the petitioner was handcuffed after which he was slapped by the Officer in Charge of the Police Station. Thereafter, the petitioner was stripped, hung on a beam on the orders of the…

WICKREMATUNGA v. ANURUDDHA RATWATTE AND OTHERS |1998 1 SLR 201

November 7, 1997September 26, 2021 Editor

The petitioner was a “Dealer” in petroleum products appointed by the 2nd respondent Ceylon Petroleum Corporation subject to terms and conditions contained in an agreement made on 16.3.1988. He was carrying on business at the Lanka Filling Station, Narahenpita. According to the petitioner, on 12.1.1996 agents of the Corporation arrived at the Riling Station and ordered the employees of the petitioner to leave the premises. On hearing about it, the petitioner visited the Riling Station when he was served with a letter stating that his appointment as a Dealer had…

DISSANAYAKE v. PREMARATNE, INSPECTOR OF POLICE, NUWARA-ELIYA S.C. (SPECIAL) NO. 117/97 WITH S.C. APPLICATION NO. 858/97

May 8, 1997March 30, 2021 editor

On a message sent by the Police, the petitioner called over at the Nuwara-Eliya Police Station at about 3 p.m. on 8.5.1997 with his wife, petitioner in S.C. Application No. 858/97. They were detained at the Police Station until 5.30 p.m. on 9.5.1997 without being produced before a Magistrate when they were released on Police bail. The 1st respondent Inspector of Police and the 2nd, 4th and 5th respondents who were subordinate officers subjected the petitioner to torture on both days. His hands and feet were tied together. A pole…

CHAMINDA v. GUNAWARDENA, OIC POLICE STATION, KATARAGAMA AND OTHERS S.C. (SPECIAL) NO. 106/97

February 20, 1997March 30, 2021 editor

On 20.02.1997 the Post Master, Central Post Office, Kataragama, made a complaint to the Kataragama Police regarding a loss of monies from the Post Office safe. The petitioner was a messenger attached to that Post Office; but there was no complaint against the petitioner. However, on the same day the 2nd respondent, an Inspector of Police (since dead), arrested the petitioner and took him to the police station. The 2nd respondent questioned the petitioner about the “theft”, slapped him on the left ear and knocked his head on a wall.…

SUBASINGHE v. POLICE CONSTABLE SANDUN AND OTHERS S.C. (SPECIAL) NO. 235/96

November 26, 1996March 30, 2021 editor