Hewawasam Sarukkalige Rathnasiri Fernando vs Police Sergeant Dayarathna and Others – 514/2010-2018

In the case between Hewawasam Sarukkalige Rathnasiri Fernando (Petitioner) and the police officers including the Attorney General (Respondents), the court addressed the issue of whether the petitioner’s Fundamental Rights under Article 11 (prohibition against torture or cruel, inhuman or degrading treatment) and Article 12(1) (equality before the law) of the Constitution were violated by acts of police misconduct. It was held that the physical assault and humiliating treatment inflicted by the 1st and 2nd Respondents constituted clear violations of the petitioner’s rights. The principle reaffirmed was that state actors are personally liable, together with the State, for proven violations of constitutional rights. This decision relied on constitutional provisions and corroborative medical a