Kumara vs. Silva, Sub-Inspector of Police, Well Penna and Others – sllr 2006 volume 2 page 236

In the case between Kumara (Plaintiff) and Silva, Sub-Inspector of Police, along with other police officers and state authorities (Defendants), the court addressed the issue of alleged violations of fundamental rights under Articles 11, 13(1), and 13(2) of the Constitution. The court held that, while there was no breach of procedural safeguards concerning arrest and detention, a violation of the fundamental right to freedom from torture and inhuman treatment as protected by Article 11 was established. This decision reaffirmed the constitutional principle that protection against torture is absolute, relying on constitutional provisions and evidentiary standards, and underscoring the requirement for state accountability in cases of police torture. Compensation was awarded for the violation,