warnakaulasooriya vs Police Sergeant Dayawansa SC. FR. Application No. 431/2010

Facebooktwitterlinkedinrssyoutube

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 has failed to prove by evidence or otherwise that he was subjected to Torture cruel, inhuman or degrading treatment or punishment by the 1st Respondent as alleged by the Petitioner, the Petitioner in my view has not achieved the standard of proof required by law and has not strictly proved torture by the 1st to 3rd Respondents to fall within the ambit of Article 11 of the Constitution. Hence I dismiss the application of the Petitioner without costs.

full judgements here

Social Sharing

Related posts