Malalage Chaminda Tissa Peiris vs Mr. Hettigedara Weerakoon et al. – SC FR APPLICATION NO. 278/2008-2013

In the case between Malalage Gunadasa Peiris (as substituted petitioner for the deceased Malalage Chaminda Tissa Peiris) and certain officers of the Anuradhapura Police Station, the Inspector General of Police, and the Attorney General, the Supreme Court addressed the validity of substituting the petitioner’s father in an ongoing fundamental rights application under Rule 38 of the Supreme Court Rules 1990. Allegations centered on torture and cruel treatment in police custody. The court determined that a fundamental rights application survives the petitioner’s death after litis contestatio has been reached, validating the substitution. Reference was made to Articles 11, 17, and 126 of the Constitution alongside established precedent regarding locus standi. It was emphasized that the proceed