Gunawardena v. Perera and Others – sllr 1983 volume 1 page 305

In the case between Mrs. Vivienne Gunawardena and Perera and Others (including officers of the Kollupitiya Police Station), the court addressed the issue of alleged fundamental rights violations arising from an arrest made during a demonstration on International Women’s Day. The court held that the arrest of Mrs. Gunawardena was unlawful as it did not follow the proper legal procedure, and that her constitutional rights under Articles 11 and 13 were infringed. This reaffirmed the principle that executive action resulting in the violation of fundamental rights incurs liability on the part of the State. The decision relied on relevant provisions of the Constitution, the Police Ordinance, and the Code of Criminal Procedure, emphasizing that compliance with due process is essential in the exer