Herath Mudiyanselage Yohan Indika Herath v. Ajith and Others – SC FR NO. 555/2009-2009

In the case between Herath Mudiyanselage Yohan Indika Herath and certain police officers (including police constables Ajith, Ariyasena, Jayamaha; Officer-in-Charge; Assistant Superintendent of Police; Inspector General of Police; and Attorney General), the court addressed the issue of alleged infringement of fundamental rights under Article 11 of the Constitution, specifically claims involving torture, cruel, inhuman, or degrading treatment by police officers. It was determined that the evidence presented, including medical reports and witness testimonies, failed to meet the strict standard required to prove a violation of Article 11. The principle reaffirmed is that fundamental rights claims under Article 11 necessitate clear, credible, and convincing evidence, with reliance placed on con

REF: SC FR NO. 555/2009-2009 Category: Tag:
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