Kandegedara Priyawansa v. Gotabhaya Rajapakse et al. – SC FR. APPLICATION NO: 458/2010-2017

In the case between Kandegedara Priyawansa (Petitioner) and respondents including Gotabhaya Rajapakse (Secretary, Ministry of Defence), C.N. Wakishta (Deputy Inspector General of Police, Director, Terrorist Investigation Division), and others, the Supreme Court addressed allegations of violation of fundamental rights under Articles 12(1), 13(1), and 13(2) of the Constitution of Sri Lanka. The proceedings focused on the legality of the arrest and detention of the petitioner, especially the lack of sufficient evidence to justify such actions. The findings established that the arrest was illegal due to insufficient material presented in the affidavit of the 2nd respondent and the improper process followed in issuing the detention order. The principle reiterated was that reasonable suspicion a