Arangallage Samantha vs. The Officer-in-charge of the Police Station and others – SC F/R APPLICATION NO. 458/2012-2020

In the case between Arangallage Samantha (Petitioner) and police officials, including the Officer-in-Charge of Biyagama Police Station and ASP Nishantha Soyza (Respondents), the court addressed alleged violations of fundamental rights under Articles 11, 12(1), and 13(1) of the Constitution. The court held that the petitioner failed to establish, on the balance of probabilities, that his rights had been breached, reaffirming the principle that the burden of proof in fundamental rights applications lies with the petitioner. This decision relied on the assessment of all evidence, including affidavits, police records, and hospital documentation, emphasizing that contradictions or insufficiency in the petitioner’s version inhibit the granting of constitutional relief.

Buwaneka Aluwihare, PC, J