Hewawasam Sarukkaligae Rathnasiri Fernando vs. Police Sergeant Dayarathna and Others – SC FR. 514/2010-2010

In the case between Hewawasam Sarukkaligae Rathnasiri Fernando (petitioner) and Police Sergeant Dayarathna, Police Constable Madusanka, Police Staff Assistant Jayasinghe, Police Inspector A.D. Kariyawasam, the Inspector General of Police, and the Attorney General (respondents), the court addressed the issue of whether a fundamental rights application under Article 126 of the Constitution may be dismissed on the ground of a defective or absent jurat in the supporting affidavit. It was held that, while the petitioner’s affidavit contained a defective jurat clause, such a defect does not automatically justify dismissal of a fundamental rights application. The court reaffirmed the principle that procedural defects in affidavits are not fatal to the substantive hearing of constitutional grievan