W.B. Inoka Nadishani Koragahawetiya vs K.D. Somapala, Senior Superintendent of Police, Colombo North – SC FR 155/2009-2025

In W.B. Inoka Nadishani Koragahawetiya vs K.D. Somapala, decided by the Supreme Court on the date indicated in SC FR 155/2009, the court addressed the issue of alleged violations of fundamental rights under Articles 11 and 12(1) of the Constitution during police intervention at a university amid violent clashes. It was determined that the evidence did not establish treatment meeting the severity threshold for torture, cruel, inhuman, or degrading conduct, and that the use of force in the circumstances was consistent with lawful conduct to maintain public order. This decision relied on constitutional provisions, the Code of Criminal Procedure, and relevant case law, emphasizing that only conduct exceeding the inevitable distress of lawful arrest can constitute a violation.

S. Thura