Kanda Udage Malika v. D.M. Aberathna et al. – SC FR/157/2014-2014

In the case between Kanda Udage Malika (on behalf of her deceased son) and several police officers including Police Constables, Sub-Inspectors, and Medical Officers (Respondents 1–14), the Supreme Court addressed alleged violations of fundamental rights under Articles 11, 12(1), and 13(1)/(2) of the Constitution. The Court examined whether the actions of the police—specifically excessive use of force during arrest and custody, failure to secure timely medical attention, and breaches of arrest procedure—constituted torture, inhuman treatment, and wrongful death, thus engaging the State’s vicarious liability. The findings established that Respondents 1–6 violated the constitutional rights of the deceased and others, substantiated by the Post-Mortem Report and supporting evidence showing grav