Hewa Munumullage Ajith and Hewa Munumullage Akila v. Kalinga de Silva and Others – SC FR/APPLICATION NO 387/2013-2019

In the case between Hewa Munumullage Ajith and Hewa Munumullage Akila (plaintiffs) and Kalinga de Silva, M.A.M. Faslan, the Inspector General of Police, and the Attorney General (respondents), the court addressed the issue of alleged violations of fundamental rights under Articles 11 and 13(1) of the Constitution, including claims of torture, inhuman treatment, and improper arrest procedures by the police. It was held that the 1st Petitioner was subjected to torture and that the 2nd Petitioner’s arrest was procedurally flawed, leading to a direction for compensation and costs to be paid. The principle reaffirmed is that the protection of fundamental rights against torture and unlawful detention is paramount and must be strictly enforced in accordance with constitutional standards. Relevant