Kumarihami vs. Officer-in-Charge, Mahiyanganaya Police Station and Others – sllr 2021 volume 2 page 464

In the case between Kumarihami (Plaintiff) and the Officer-in-Charge, Mahiyanganaya Police Station and others (Defendants), the court examined whether the petitioner’s fundamental rights under Articles 11 and 12(1) of the Constitution had been infringed through alleged inhuman, cruel, and degrading treatment by police officers during an intervention in her daughter’s arrest. The findings established that the evidentiary burden remained on the petitioner to demonstrate a violation by a preponderance of probabilities with a high degree of certainty. Upon review of multiple affidavits, medical documents, and the timeline of events, it was determined that inconsistencies in evidence, such as delayed medical assistance and lack of corroboration, undermined the petitioner’s claims. The court hel