Nallanayagam v. Delgoda and Others – sllr 1987 volume 1 page 299

In the case between Nallanayagam (Plaintiff) and Delgoda and Others (Defendants), the court addressed the legality of the plaintiff’s detention under Emergency Regulations and the alleged infringement of Fundamental Rights guaranteed by the Constitution (Articles 12(1), 13(1), 13(2), and 13(4)). The findings established that detention was lawfully justified under the regulatory framework, with remand and bail procedures properly observed and jurisdictional issues correctly determined. The principle was reaffirmed that detention pending investigation or trial under the relevant Emergency Regulations does not constitute punishment and does not violate fundamental rights, as long as statutory and constitutional requirements are met. Consideration was given to the terms of the Emergency Regula