M.D.S. Peiris vs Nimal Karunaratne, Former OIC, Wadduwa Police Station and others – SC FR CASE 260/2012-2024

In the case between the petitioners (widow and children of the late D. Nimal Chandrasiri) and the 1st to 5th respondent police officials together with the State, the Court addressed the issue of alleged violations of fundamental rights, specifically focusing on Articles 11 and 13 of the Sri Lankan Constitution relating to protection from torture and the right to fair treatment. It was held that the 1st and 2nd respondent police officials failed to discharge their duty to provide timely and adequate medical care to a detainee, thereby breaching the constitutional safeguard against cruel, inhuman, or degrading treatment. The findings established that the causal link between the delayed medical response and the detainee’s death amounted to a violation of Article 11. Reliance was placed on est