Mahanama Tilakaratne v. Bandula Wickramasinghe, Senior Superintendent of Police and Others – sllr 1999 volume 1 page 372

In the case between Mahanama Tilakaratne (Plaintiff, a High Court Judge) and Bandula Wickramasinghe, Senior Superintendent of Police, with other police officials (Defendants), the court addressed the legality of issuing and executing warrants of arrest under the Code of Criminal Procedure Act (CCRP) and compliance with constitutional safeguards during arrests. It was held that the warrant of arrest was issued and executed without adherence to statutory requirements, specifically the lack of evidence recorded on oath before issuance, resulting in an unlawful arrest and detention that contravened Articles 13 (1) and 13 (2) of the Constitution. The principle reaffirmed was that judicial authorization for arrest warrants must be founded on lawful evidence, underscoring the protection of person