Bandulasamarasekera vs. Vijitha Alwis – sllr 2009 volume 1 page 213

Brief
In the case between Bandulasamarasekera (plaintiff) and Vijitha Alwis, O.I.C., Ginigathhena Police Station, and others (defendants), the court addressed the issue of alleged violations of the petitioner’s fundamental rights under Articles 11, 12(1), 13(1), and 13(2) of the Constitution. It was determined that the petitioner’s arrest and subsequent detention were not in accordance with the prescribed legal procedures, particularly the failure to produce the petitioner before a competent court without unnecessary delay, thereby violating Article 13(2). The court reaffirmed the principle that all arrests and detentions must be justified by reasonable suspicion under Section 32(1)b of the Criminal Procedure Code and conducted in compliance with constitutional guarantees. The findings rel