Major Wengappuli Arachchige Samantha v. Inspector Ranjan Samarasinghe and Others – SC FR APPLICATION NO. 100/2016-2023

In the case between Major Wengappuli Arachchige Samantha (Petitioner) and Inspector Ranjan Samarasinghe, Hon. Duminda Mudunkotuwa, Inspector General of Police, and the Hon. Attorney General (Respondents), the court addressed the issue of an alleged violation of fundamental rights due to an unlawful arrest and remand following a road accident. The court held that the arrest and remand of the petitioner were arbitrary, unlawful, and in violation of Articles 12(1) and 13(1) of the Constitution. The principle reaffirmed is that arrests must be based on clear legal authority and credible evidence, and due process under the Constitution must be strictly adhered to. This decision relied on the interpretation of Article 13(1) of the Constitution and section 169(1)(a) of the Motor Traffic Act, emph