Abasin Bandn v. S. I. Gunaratne & Others – sllr 1995 volume 1 page 244

Brief
In the case between Abasin Banda (Petitioner) and S. I. Gunaratne and others (Respondents), the court addressed the legality of arrest and prolonged detention under constitutional and statutory norms. It was held that the petitioner’s arrest lacked proper grounds, the detention exceeded 24 hours without prompt production before a Magistrate, and excessive force was used during custody, thereby violating Articles 11, 13(1), and 13(2) of the Constitution. The principle reaffirmed is that any arrest must strictly comply with constitutional safeguards against arbitrary detention and inhumane treatment. The decision relied on constitutional provisions and precedent cases, emphasizing individual liberty protections and mandating state and official accountability for rights violations.

Kul