Hetti Arachchige Thisaru Tharinda vs Captain Gihan Perera, General Sir John Kotelawala Defence Academy & others – SC/FR APPLICATION 241/2019-2025

In the case between Hetti Arachchige Thisaru Tharinda and the officers and staff of the General Sir John Kotelawala Defence University and related military entities (Respondents), the court examined whether alleged acts of physical ill-treatment during military Physical Training (PT) amounted to violations of Articles 11 and 12(1) of the Constitution, specifically concerning torture and inhuman treatment. The application was dismissed due to insufficient evidence establishing a constitutional breach, reiterating that the evidential threshold for establishing torture or degrading treatment under Article 11 is stringent and was not satisfied in this instance. The decision highlights the legal principle that, despite the existence of military discipline, constitutional protections against tor