Wijenayahe and Others v. Amerasena and Others – sllr 2000 volume 2 page 286

Brief
In WIJENAYAHE AND OTHERS (Petitioners) v. AMERASENA AND OTHERS (Respondents), the court addressed the issue of alleged unlawful police search, assault, and violation of the petitioners’ fundamental rights under Articles 11, 13(1), and 13(2) of the Constitution. The court held that serious inconsistencies in the medico-legal evidence, coupled with unreliable police records and credible accounts from the petitioners, established that the police had engaged in acts amounting to cruel, inhuman, and degrading treatment during a warrantless search, followed by unlawful detention. The principle that the State and public servants can be held liable for the violation of fundamental rights was reaffirmed. This decision referenced constitutional safeguards and relevant precedents, confirming a