Subbash Chandra Fernando v. Kapilaratne, Officer In Charge, Police Station, Gampaha and Others – sllr 1992 volume 1 page 305

In the case between Subbash Chandra Fernando (Medical Practitioner) and Kapilaratne, Officer-in-Charge, Police Station, Gampaha, along with various state and prison officials, the court addressed the issue of alleged violations of fundamental rights under Articles 11 and 13(1) & (2) of the Constitution, in the context of preventive detention, excessive detention, and claims of assault and mistreatment during custody. The court held that although the detention order was initially valid, it became excessive after 02.01.91, thereby violating Article 13(2). The principle reaffirmed is that while preventive detention may be lawfully ordered, its continuation must pass the test of reasonableness and must not become arbitrary or unjustifiably prolonged. This decision relied on constitutional guar