Abeyratne Banda v. 1st, 2nd, 3rd, and 4th Respondents – sllr 2002 volume 1 page 365

In the case between Abeyratne Banda (petitioner) and Gajanayake, Director, Criminal Investigation Department, along with other respondents, the court addressed the legality of the petitioner’s arrest and detention under Emergency Regulations following a violent incident at a rehabilitation camp managed by the petitioner. The arrest and subsequent detention were carried out under Regulations 18 and 19(2), raising issues regarding infringements of the petitioner’s fundamental rights under Articles 13(1) and 13(2) of the Constitution. The findings established that the petitioner had no authority over the police at the camp and that the evidence used to justify the arrest was insufficient. The decision reaffirmed the principle that arrest and detention must be based on credible evidence and re