M.G. Nishantha Rupasinghe vs Dharmakeerthi Wijesundera et al. – SC FR 224/2012-2012

In the case between M. G. Nishantha Rupasinghe and Dharmakeerthi Wijesundera, Viraj Perera, Dumindu Dayasena Retiyala, and several state officials, the court addressed the issue of alleged unlawful entry, property clearing, and demolition of fowl pens, and whether such acts constituted a violation of fundamental rights. The court held that the available evidence, including police statements, photographs, and video recordings, failed to conclusively establish any unlawful or forceful acts attributable to the respondents. Emphasis was placed on the absence of definitive proof linking the respondents to a constitutional violation, reaffirming the principle that fundamental rights remedies are unavailable where civil disputes predominate and clear constitutional breaches are not substantiated.

REF: SC FR 224/2012-2012 Category: Tag:
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