The Hon Attorney General vs Claid Earl Fenando and Hewawasam Puwakpitiyage Premarathna – CA APPLICATION NO.223-224/07-2013

In the case between the Hon Attorney General (Democratic Socialist Republic of Sri Lanka) and Claid Earl Fernando (1st Accused Appellant) and Hewawasam Puwakpitiyage Premarathna (2nd Accused Appellant), the court addressed the issue of whether the arrest and subsequent detention of Upali Senevirathne by the police constituted abduction with the intent of secret and wrongful confinement, and the legal responsibility of police officers under Section 356 read with Section 32 of the Penal Code. It was held that the 1st Accused Appellant was lawfully convicted for abduction due to failure to comply with procedural safeguards and requirements under the Criminal Procedure Code, whereas the 2nd Accused Appellant, acting under orders without evidence of direct participation, was to be acquitted. Th