Ansalin Fernando v. Sarath Perera, Officer In Charge, Police Station, Chilaw and Others – sllr 1992 volume 1 page 411

In the case between Ansalin Fernando (on behalf of the 6th respondent) and Sarath Perera (Officer-in-Charge, Chilaw Police) and others, the Supreme Court addressed the legality of an arrest and detention under Emergency Regulations, specifically examining alleged violations of constitutional rights under Articles 11, 13(1), 13(2), and 13(4). It was determined that the arrest of the 6th respondent for murder under Emergency Regulation 18(1) was unlawful, as murder is not an offence contemplated by those Regulations and should be prosecuted under the Code of Criminal Procedure. The detention was further deemed illegal due to lack of factual basis, proper authority, and failure to inform the detainee of the reasons, alongside evidence of degrading treatment. The Court ordered compensation to