Roshan Mahesh Ukwatta Vs. Sub Inspector Marasinghe and others – SC FR APPLICATION NO. 252/2006-2010

In the case between Roshan Mahesh Ukwatta (Plaintiff) and Sub Inspector Marasinghe, Inspector Sagara Liyanage, the Inspector General of Police, and the Attorney General (Defendants), the court addressed the alleged infringement of fundamental rights under the Constitution, namely the prohibition against torture (Article 11) and the right to be produced before a Magistrate without undue delay (Article 13(2)). It was held that the petitioner’s rights under both articles had been violated by acts of torture and illegal detention, with significant reliance on medical and testimonial evidence that contradicted the police narrative. The principle reaffirmed is that constitutional protections under Articles 11 and 13(2) are sacrosanct, and procedural objections regarding time limits may be overri