Murin Fernando v. Sergeant Sugathadasa and Seven Others – sllr 1997 volume 1 page 281

The case between Murin Fernando (plaintiff, on behalf of W. Nandasiri Fonseka) and Sergeant Sugathadasa with other police respondents addressed the issue of unlawful arrest, detention, and disappearance in a habeas corpus application. It was held that the 1st and 2nd respondents were responsible for the arrest of the corpus, and the 4th respondent was responsible for the detention, rejecting respondents’ denials due to compelling contrary evidence. The principle reaffirmed was that the authorities cannot escape accountability for custodial disappearance through mere denial, thus safeguarding the Rule of Law and individual liberty. The decision relied on precedents such as Sebastian M Hongray v. Union of India, emphasizing the duty of the State and its officials to account for those in cust