Sanjeewa, Attorney At Law (On Behalf of Gerald Mervin Perera) v. Suraweera, Officer In Charge, Police Station, Wattala and Others – sllr 2003 volume 1 page 317

In the case between Gerald Mervin Perera (Plaintiff) and Suraweera (Officer-in-Charge, Police Station Wattala) and other police officers (Defendants), the court addressed the issue of wrongful arrest, torture, and violation of fundamental rights under Articles 11, 13(1), and 13(2) of the Constitution. It was held that the arrest was effected on vague and unsubstantiated information, devoid of probable cause, and that the plaintiff was subjected to cruel, inhuman, and degrading treatment while in custody. The principle was reaffirmed that all public authorities, including the police hierarchy, are bound to respect, secure, and advance fundamental rights, and a failure to prevent such violations amounts to a breach of constitutional duty. The judgment relied on constitutional provisions and

REF: sllr 2003 volume 1 page 317 Category: Tag:
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