Karunathilake Vs Liyanage, and Others – SLR – 276, Vol 1 of 2005 – sllr 2005 volume 1 page 276

In the matter of Karunathilake v. Liyanage, Inspector of Police (Crimes), Gampaha, and others, the court examined whether a petition for a writ of habeas corpus alleging infringement of fundamental rights arising from police arrest and alleged assault should be referred to the Supreme Court under Article 126(3) of the Constitution when the application was filed outside the one-month limitation specified in Article 126(2). The sequence of events involved the arrest of the petitioner’s son, A.D. Priyantha, on 30.04.2001, and subsequent allegations of assault in custody. The application was made 49 days after the arrest. It was determined, by reference to prior Supreme Court authority—including Shanthi Chandrasekeram v. D.B. Wijetunga and others, K.W.C. Perera v. Prof. Daya Edirisinghe, and K