H.D.S. Wimalarathna vs D.M.S.K. Dassanayake, Inspector of Police and others – SC FR 524/2012-2025

In the matter of H.D.S. Wimalarathna (Petitioner) versus ASP D.M.S.K. Dassanayake, et al. (Respondents), the court addressed alleged infringements of fundamental rights under Articles 11, 13(1), and 13(2) of the Constitution, relating to torture, unlawful arrest, and detention. The court determined that the Petitioner’s fundamental rights were infringed based on evidence including a Medico-Legal Report and HRCSL observations. The court reaffirmed the principle that individuals are responsible for their unlawful actions, even while serving in state capacity. This decision relied on the UN Convention against Torture, the Convention Against Torture Act No. 22 of 1994, and previous Supreme Court interpretations, emphasizing that direct personal liability can be imposed on errant officers.

M