Dhammika Yapa v. Bandaranayake and Others – sllr 1988 volume 1 page 063

In the case between D. D. Yapa (on behalf of Mahinda Wijesekera, Basnayake Nilame) and Bandaranayake and others (comprising state authorities responsible for arrest and detention), the court addressed the legality of arrest without warrant and subsequent detention orders under Emergency Regulations, particularly Regulations 17(1) and 19(2). It was held that the arrest and detention of Wijesekera were lawful, that the detention was in compliance with constitutional safeguards, and that allegations of mala fides were unsubstantiated. The principle reaffirmed was that preventive detention under Emergency Regulations, based on reasonable suspicion and emerging evidence of potential incitement, does not constitute punishment under Article 13(4) of the Constitution. This decision relied upon the