Case Reference/File No [1994] 2 SriLR 18
Case Name Jayasinghe v. Samarawickrema and others
Court Supreme Court
Date of judgement 18th Oct and 2nd Dec 1993
Judges C.P.S. De Silva CJ
Kulatunga J
Ramanathan J
Parties Petitioner

1st and 2nd respondents – Police Constables
3rd respondent – OIC Eheliyagoda Police
4th respondent – PC Gunatilake of Deraniyagala Police 5th respondent – OIC, Deraniyagala Police Station
6th respondent – Inspector-General of Police
7th respondent – Secretary, Ministry of Defense
Keywords Fundamental rights – Articles 11, 13(1) and (2) of the Constitution – illegal arrest and detention – torture – Emergency Regulations 17(1) and 19(2)
Head note  
Brief facts The petitioner was arrested on 23.07.1991 and was taken to Eheliyagoda Police Station and later was taken to Deraniyagala Police station where he was tortured by a group of police officers while his hands and legs were tied up. Due to a fracture in his collar bone, he was admitted to the hospital and was later discharged and readmitted due to a difficulty in passing urine. The Court held that the arrest was reasonable enough in consideration of the material available and the prevailing conditions of civil disorder, however held that such detention was unlawful due to procedural irregularities. The Court based on its findings held that the fundamental rights of the petitioner have been infringed rejecting blatant violations that take place under the guise of investigating subversive activities.
Judicial Precedence  
Legislation Title The Constitution of the Democratic Socialist Republic of Sri Lanka 1978
Area Fundamental rights entrenched under Articles 11, 13(1) and (2) of the Constitution; illegal arrest, detention and torture; Emergency Regulations 17(1) and 19(2)