PKW Wijesinghe vs Upali Chandrasiri et al. – SC SPL. 19/2007-2018

In the case between PKW Wijesinghe (petitioner) and Upali Chandrasiri (Sub Inspector) and others (respondents), the court addressed the issue of alleged violations of fundamental rights arising from claims of police assault and abuse. It was held that the available evidence, including affidavits from witnesses and contradictory medical reports, did not sufficiently establish a violation of the petitioner’s fundamental rights under Articles 11, 12(1), 13(1), and 13(2) of the Constitution. The principle reaffirmed is that fundamental rights violations must be established through consistent, credible evidence. Reliance was placed on the analysis of documentary and testimonial evidence, underscoring that inconsistencies between medical findings and witness accounts undermine the proof of const

REF: SC SPL. 19/2007-2018 Category: Tag:
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