Galhenage Don Kenath Dushantha Abeynayake vs CI Nalin Sanjeewa – SC FR 253/2020-2024

In the case between Galhenage Don Kenath Dushantha Abeynayake, Gamage Gayana Krishanthi Jayathilake, and associated Petitioners versus Chief Inspector of Police, Sub Inspector, Vishwa Niranga Kuruvita, and others, the court addressed the issue of alleged infringement of Fundamental Rights arising from a dispute over the unauthorized widening of a roadway and the resultant police intervention. It was determined that the Petitioners’ actions in expanding the roadway from four feet (as ordered by the Assistant Commissioner of Agrarian Services) to twelve feet were unilateral and unauthorized. The findings established that the police officers, in responding to the dispute and effecting the arrest of the 1st Petitioner, acted within the scope of their lawful duties, and no evidence was found to