Herath Mudiyanselage Jayantha Aberathna vs Chief Inspector B.W.C. Dharmaratna et al. – SC FR NO. 222/2014-2014

In the case between Herath Mudiyanselage Jayantha Aberathna (petitioner) and a group of respondents comprising police officials and government authorities including Chief Inspector B.W.C. Dharmaratna, Sub-Inspector Wijerathna, and others, the court addressed the issue of whether allegations of assault and torture, purportedly committed during the petitioner’s arrest, could be substantiated on the evidence presented. It was held that the petitioner failed to discharge the burden of proof required to establish such allegations with the necessary degree of certainty. The court reaffirmed the principle that, in claims involving torture or cruel, inhuman, or degrading treatment, a high standard of proof is essential to secure substantive relief. The decision was made considering discrepancies b