Ven. Dhamarathana Thero and Another v. Sanjeewa Mahanama and Three Others – sllr 2013 volume 1 page 081

In the case between Ven. Dhamarathana Thero and another (Petitioners) and the Officer in Charge of the Mihintale Police Station and others (Respondents), the court addressed the legality of police arrest and detention procedures in connection with an incident at the Mihintale Rajamaha Viharaya. It was determined that the Petitioners were arrested and detained by police without a warrant and without a reasonable investigation into the complaint against them, contravening Section 32(1)(b) of the Code of Criminal Procedure Act No. 15 of 1979. The court held that the guiding principle of the Bail Act No. 30 of 1997 is that bail should be the rule, aiming to minimize pre-trial detention. The findings established that the police action violated the Petitioners’ fundamental rights under Articles