The petitioner, a 16 year student of St. Paul’s College, Kandy had been served a pamphlet directing him to get the students of his school on the streets throughout the week oh pain of death. The petitioner attended the school the following day and found no students in his classroom but the students of the school were congregating in various places and demonstrating and shouting slogans within the precincts of the school.
He learnt the attendance Register was not being marked. So he left for athletics training but found no training was possible. He decided to return to school but finding the main gate closed he scaled the wall and iron gate and got into the school. He was clad in his track suit and was not in his school uniform. He was a six-footer and joined the slogan shouting students. He could have been mistaken for an outsider.
He was apprehended and taken to the Police Station. By way of admitted injuries he had a slit lip and an injury on the cheek. He complained of Police assault, the 1st respondent’s (Police) version was that the petitioner led about 500 students on to the road, began stopping vehicles and pasting posters on them, the petitioner fell on the road while attempting to stop a vehicle; then got up and addressed the students, proposing that they go in procession along the road, this was greeted with applause. At this stage the 1st respondent arrested him informing him that he was, being arrested for incitement under the Emergency Regulation. There was no medical evidence even of a private Doctor about the injuries.
‘‘It is often easy after an emergency has passed to criticize the steps which have been taken to meet it, but such criticism does not come well from those who have themselves created the emergency” critical statement and argue was established and finally Application was dismissed