Abdul Lathif v. Deputy Inspector General of Police, Nuwara-Eliya and Others – sllr 2005 volume 1 page 022

In Abdul Lathif, Chairman of Smart Fashion (Pvt.) Ltd. v. Deputy Inspector General of Police, Nuwara-Eliya and others, the court considered the alleged violation of constitutional rights under Articles 13(1) and 13(2) due to the plaintiff’s arrest and detention on a charge of cheating, despite evidence of dues being settled. Events unfolded as the petitioner, facing industrial unrest and threats, was arrested by police who misrepresented facts to secure a remand order. The court found that the arrest and detention were malicious, unsupported by reasonable suspicion, and that the conduct of the police, especially the 3rd and 4th respondents, constituted abuse of authority. The judgment reaffirmed the constitutional protection against arbitrary arrest and detention, citing the necessity for