Uduwa Athukoralage Chandrasena, vs Sub-Inspector Buddhika, Officer-in-Charge – Crimes, Officer-in-Charge, Police Station, S.C. (FR) Application No. 258/2007

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The petitioner complained that he was arrested on 27.06.2007 around 11.30 a.m. while he was on his way to attend a funeral in the Neluketiya area and that at the time he was arrested the,1st respondent had assaulted him. The petitioner accordingly alleged that due to the aforementioned action his fundamental rights guaranteed in terms of Articles 11, 13(1) and 13(2) of the Constitution had been infringed for which this Court had granted leave to proceed.
Although leave to proceed was granted on Articles 11, 13(1) and 13(2) of the Constitution, learned Counsel for the petitioner confined her submissions to the infringement of petitioner’s fundamental rights guaranteed in terms of Article 11 of the Constitution. Accordingly both parties were heard only on the alleged infringement of Article 11 of the Constitution.

accordingly hold that the petitioner’s fundamental right guaranteed in terms of Article 11 of the Constitution had been infringed by executive and/or administrative action and I direct the State to pay a sum of Rs. 75,000/- as compensation and costs. This amount to be paid within three (3) months from today. The Registrar of the Supreme Court is directed to send a copy of this judgment to the Inspector General of Police.

full judgement here

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