Jayakody v. Karunanayake, Officer In Charge, Police Station, Polgahawela and Attorney General – sllr 1994 volume 2 page 264

In the case between Jayakody (petitioner) and Karunanayake, Officer‑in‑Charge, Polgahawela Police Station, along with the Attorney-General (defendants), the court addressed the lawfulness of an arrest under Section 81C of the Local Authorities Elections Ordinance. The core issue concerned whether an arrest without a warrant for a non-cognizable offence, specifically the alleged transportation of voters, constituted a violation of the petitioner’s constitutional rights under Articles 12, 13(1), and 14(1)(c). It was held that the arrest was unlawful as it contravened Article 13(1), which safeguards against arbitrary arrest. Consequently, compensation was awarded to the petitioner. The holding reaffirmed the principle that arrests for non-cognizable offences require a warrant, relying on stat