Wimaladasa v. Somadasa, Police Constable, Bribery Commissioner’s Department and Others – sllr 2000 volume 1 page 053

In the case between Wimaladasa (Petitioner) and Somadasa, Police Constable attached to the Bribery Commissioner’s Department, and others (Respondents), the court addressed whether the execution of an arrest under a warrant—subsequently cancelled but unknown to the executing officer—constituted a violation of fundamental rights under Articles 13(1) and 13(2) of the Constitution. It was determined that execution of the cancelled warrant by a police officer acting in good faith, without knowledge of the cancellation, did not breach the petitioner’s constitutional rights. The principle that liability for unlawful arrest cannot be imposed on an officer executing a judicial warrant in bona fide belief of its validity was reaffirmed. Case law including Moramudalige Podiappuhamy v. Diananda Liyana