Case Reference/File No | S.C (FR) Application 136/2014 |
Case Name | Naomi Michelle Cokeman vs The Hon. Attorney General & Others. |
Court | Supreme Court |
Date of judgement | 15.11.2017 |
Judges | S.E. Wanasundera P.C., J. Anil Gooneratne J. & Nalin Perera J. |
Parties | PETITIONER Naomi Michelle Cokeman, 8, Waveley Road, Coventry England CV 13 AH, United Kingdom. RESPONDENTS 1.Hon. Attorney-General, Attorney-General’s Department, Colombo 12. 2. Police Sergeant Upasena (22143) 3. Police Inspector Suraweera, Acting Officer-In-Charge 4. Officer-In-Charge Negombo Prison, Negombo. 5. N.K. Illangakoon Inspector General of Police, Police Headquarters, Colombo 1. 6. Chulananda De Silva Controller General of Immigration and Emigration, Ananda Rajakaruna Mawatha, Colombo 10. |
Keywords | Articles, 11, 12(1) and 13(1) of the Constitution, Equal protection before law, illegal arrest, Compensation to the aggrieved party. |
Head note | |
Brief facts | The Petitioner, a British citizen came to Sri Lanka as a tourist, was arrested for the reason of having a tattoo of Lord Buddha on her upper right arm. She was taken to the Police Station and produced before the Magistrate but the police did not inform what the charges against to be arrested as such. After Petitioner was taken to Negombo prison, a WPC searched petitioner’s belongings and demanded money. Finally WPC has taken Rs. 2,000/- from Petitioner’s bag. The prison guard who was in charge of the Petitioner, was continuously making obscene lewd remarks. Thereafter, Petitioner was sent to the Mirihana Immigration detention camp. However, due to the intervention of the British High Commission, the Petitioner was able to fly back to England. Upon considering the facts, the Court held that Petitioner’s rights have been violated, and it is established that Articles 11, 12(1) and 13(1) guaranteed by the constitution are violated and the court directed the State to pay the Petitioner a sum of Rs. 500,000/- as compensation and costs in a sum of Rs. 200,000/- and also direct the 2nd and 3rd Respondents to pay Rs. 50,000/- each as compensation to the Petitioner. |
Judicial Precedence | The police could arrest only on reasonable grounds of suspicion…. Arrest without a warrant can only be made in terms of Section 32 of the Code of Criminal Procedure Act. To permit extra judicial arrest would be detrimental to the liberty of the Petitioner… The Court cannot encourage illegality merely to help the police. Judicial orders cannot be challenged in Fundamental Rights Application. The deportation of foreigners is governed by the Immigration and Emigration Act No 20 of 1948 as amended. The power to order removal and or deportation from Sri Lanka of a person other than a citizen of Sri Lanka is vested in the Minister in charge of same |
Legislation Title | |
Area | Fundamental Rights, Freedom from Torture |