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 Jayasinghe Respondents 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)