Namasivayam v. Gunawardena – sllr 1989 volume 1 page 394

Brief
In the case between Namasivayam (plaintiff) and Gunawardena (defendant), the court addressed the issue of alleged violations of fundamental rights due to unlawful arrest and detention, with related claims of torture and the denial of information regarding the grounds for detention. It was held that the arrest and detention were in breach of Article 13(1) of the Constitution as the petitioner was not informed of the grounds of arrest. The court further determined that alleged torture was not substantiated due to a lack of medical evidence. It was emphasized that the limitation period for filing a fundamental rights application under Article 126(2) should be interpreted liberally when the petitioner is in detention and unable to access legal remedies. The holding reaffirmed the princip