D.G. Mendis Appuhamy vs Lt. Gen. Jagath Jayasuriya – HCA 04/2012-2024

In the case between D.G. Mendis Appuhamy (petitioner) and respondents including Lt. Gen. Jagath Jayasuriya (Army Commander), N.K. Illangakoon (Inspector General of Police), and the Hon. Attorney General, the court addressed the issue of the alleged unlawful arrest and continued detention of the petitioner’s son (the “corpus”) by officers of the Sri Lanka Army and Police. The case examined claims of infringed fundamental rights due to abduction, lack of due investigation, and failure to observe proper legal process in the handling of the corpus. It was held that the fundamental rights under the Constitution had indeed been violated, particularly due to deficiencies in police investigation and unauthorized transfer of the corpus to the Army. The decision relied on Article 126(3) of the Const

REF: HCA 04/2012-2024 Category: Tag:
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