Wijejayasiriwardene v. Kumara, Inspector of Police, Kandy and Others – sllr 1989 volume 2 page 312

In the case between Wijayasiriwardene (Plaintiff) and Kumara, Inspector of Police, Kandy, and others (Defendants), the court addressed whether the police’s use of force against a 16-year-old student constituted a violation of fundamental rights under Article 11 of the Constitution, specifically regarding cruel, inhuman, or degrading treatment. The court determined that, despite the use of excessive force, the conduct did not legally reach the threshold of a rights violation as prescribed under Article 11. This decision reaffirmed the need for a clear evidentiary basis in finding cruel or inhuman treatment despite the existence of excessive conduct by authorities. Reference was made to relevant constitutional provisions and precedents, with the impact being a strict interpretation of the le