Velu Arasadevi vs Prematilaka and Others – sllr 2004 volume 3 page 240

In the case between Velu Arasadevi (Plaintiff) and Prematilaka and Others (Defendants), the court addressed the issue of alleged violation of fundamental rights under Articles 11 and 13(1) of the Constitution, focusing on unlawful restraint and sexual assault committed by police or army personnel. It was held that the State was responsible for the infringement of the petitioner’s fundamental rights, and compensation was awarded to the petitioner. This decision reaffirmed the legal principle that the State bears liability for the unlawful acts of its officers in violation of constitutional protections. The judgment relied on constitutional provisions concerning protection from torture and arbitrary arrest, underscoring the State’s accountability in cases of rights violations by its agents.