Sasananasiritissa Thero and Others vs P.A. De Silva, Chief Inspector. C.I.D. and Others – sllr 1989 volume 2 page 356

In the case between Sasanasiritissa Thero (petitioner) and P.A. De Silva (Chief Inspector, CID) with other respondents (senior police officials and government functionaries), the court addressed whether the petitioners’ detention under Emergency Regulations—particularly Regulation 17(1)—constituted a violation of fundamental rights as protected by Articles 12, 13, and 14(1) of the Constitution. The court determined that, while initial detention could be justified under security concerns following a bomb explosion, the continued detention after clearance from involvement in the incident was unlawful, as the requisite legal grounds and due process were not met. Emphasis was placed on the absence of proper notification to the detainees and evidence of bad faith (mala fides) by decision-makers

REF: sllr 1989 volume 2 page 356 Category: Tag:
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