Nallanayagam v. Gunatilake and Others – sllr 1987 volume 1 page 293

In the case between Nallanayagam (petitioner) and Gunatilake and Others (respondents), the court addressed the issue of whether the belated production of the petitioner before the Magistrate, following arrest under Emergency Regulations, violated the fundamental rights guaranteed under Articles 13(1), 13(2), and 13(4) of the Constitution. It was determined that a delay exceeding the period specified in Regulation 19(1) of the Emergency Regulations constituted a breach of the petitioner’s constitutional rights, even if the delay was minor, thereby upholding that strict compliance with constitutional safeguards on personal liberty is mandatory. The decision relied on constitutional provisions and relevant case law, emphasizing the non-derogable nature of fundamental rights and reinforcing th