Ven. Walahahangunawewa Dhammarathana Thero v. Sanjeewa Mahanama et al. – SC FR NO. 313/09-2013

In the case between Ven. Walahahangunawewa Dhammarathana Thero and Ven. Mihintale Seelarathane (Petitioners) and Sanjeewa Mahanama, Officer-in-Charge of Mihintale Police Station, Chandana Weerarathna Waduge, the Inspector General of Police, and the Hon. Attorney General (Respondents), the court addressed the legality of the arrest and detention of the Petitioners, the adherence to statutory requirements under the Code of Criminal Procedure and the Bail Act, and the alleged violation of Articles 12, 13(1), and 13(2) of the Constitution. It was held that the police actions, especially by the 1st Respondent, failed to comply with the legal prerequisites for arrest without warrant and bail, resulting in a violation of the Petitioners’ fundamental rights. The principle reaffirmed was that arres