Sumanadasa And 205 Others v. Attorney General – sllr 2006 volume 3 page 202

In the case between Sumandasa and others (petitioners) and the Attorney General (respondent), the court addressed the issue of alleged infringement of fundamental rights due to continued detention of petitioners under the Immigration and Emigrants Act without an effective remedy. It was held that detention based solely on production before the Magistrate, under a non-bailable offence scheme, contravened Article 13(2) of the Constitution. The principle reaffirmed was that individual liberty and fundamental rights under the Constitution are safeguarded, requiring courts to ensure judicial review for continued detention, particularly in cases involving statutory non-bailable offences. The decision relied on relevant constitutional provisions and previous case law, emphasizing that all remand