W.N.D. Gunasekara vs Police Constable Chandana et al. – SC FR NO. 859/2009-2009

In the case between W.N.D. Gunasekara (Petitioner) and Police Constable Chandana, Anton Jayasinghe, N.K. Illangakoon (Inspector General of Police), and the Attorney General (Respondents), the Supreme Court examined whether the conduct of the 1st Respondent, a police officer, in assaulting the Petitioner constituted torture or cruel, inhuman, and degrading treatment in violation of Article 11 of the Constitution. The sequence of events involved allegations by the Petitioner of excessive use of force by the 1st Respondent while crossing a public road, contradictory affidavits, and medical evidence. The court held that the 1st Respondent’s actions, though claimed to be justified under law, amounted to degrading treatment and were in violation of the Petitioner’s fundamental rights. Reference