Abdul Raheem Masaheena vs. Hon. Attorney-General and 2 Others – SC FR 245/2019-2025

In the matter of Abdul Raheem Masaheena (Petitioner) and Hon. Attorney General, J.P. Chandana Nishantha (Officer-in-Charge, Hasalaka Police Station), and Inspector General of Police (Respondents), the court addressed the issue of infringement of Fundamental Rights under Articles 12(1), 13(1), and 13(2) of the Constitution due to unlawful arrest, police custody, and remand. The court held that the Petitioner’s arrest and detention were unlawful, as the conduct did not constitute an offense under Section 291B of the Penal Code or Section 3 of the ICCPR Act, reaffirming the principle that deliberate malicious intent or advocacy of hatred is requisite for such offenses. This decision relied on the Constitution and relevant statutes, emphasizing the duty of police officers to act strictly in ac