Sri Thaminda, Dharshane and Mahalekam v Inspector of Police and Others – sllr 2007 volume 2 page 294

In the case between Sri Thaminda, Dharshane, and Mahalekam (petitioners) and the Inspector of Police and others (respondents), the Supreme Court addressed the alleged violations of fundamental rights under Articles 11 and 13(1) of the Constitution. The Court examined claims concerning assault, excessive use of force, torture, and cruel, inhuman, or degrading treatment by police officers during an incident on the final day of the Kandy Esala Perahera. It was held that the burden lay on the petitioners to prove that the conduct of police amounted to a breach of fundamental rights and that, on the facts, executive or administrative actions of police officers did result in the infringement of Article 11 for some petitioners. However, only declaratory relief was granted, as the petitioners’ own