Herath Banda v. Sub Inspector of Police, Wasgiyawatte Police Station and Others – sllr 1993 volume 2 page 324

The case between Herath Banda (Plaintiff) and the Sub-Inspector of Police, Wasgiyawatte Police Station and others (Defendants) addressed whether an application for the withdrawal of a fundamental rights petition under Article 11 of the Constitution should be permitted, especially when the matter involves allegations of state misconduct. The findings established that such applications are not merely private matters and are subject to the court’s discretionary authority to ensure public interest and justice are preserved. Reference was made to established precedents including Basheshar Nath v. Commissioner of Income Tax and Velmurugu v. The Attorney-General. It was determined that, although the petitioner sought to withdraw the petition claiming settlement, the medical evidence substantiated