Attanayakage Don Susil Attanayake vs W.M.J. Sudath Bandara (Deceased) and others – SC FR 233/2020-2025

In the matter of Inspector of Police (Petitioner) versus W.M.J. Sudath Bandara, deceased, and others (Respondents), the court addressed the issue of unlawful arrest and infringement of fundamental rights under Articles 12(1) and 13(1) of the Constitution. It was determined that the arrest of the Petitioner, an Inspector of Police, by the 1st Respondent was unlawful and acted upon with malice. The court found that essential procedures were not followed, leading to the infringement of the Petitioner’s fundamental rights. Consequently, compensation was awarded against the State. This decision reaffirmed the principle that an arrest requires reasonable suspicion and adherence to procedural law, emphasizing the need for procedural fairness even when suspicious conduct is alleged. The State was