{"id":232,"date":"2020-03-18T12:58:18","date_gmt":"2020-03-18T12:58:18","guid":{"rendered":"http:\/\/rightscaselaw.ibj.org\/?page_id=232"},"modified":"2020-03-18T12:58:19","modified_gmt":"2020-03-18T12:58:19","slug":"jayasinghe-v-samarawickrema-and-others","status":"publish","type":"page","link":"https:\/\/rightscaselaw.ibj.org\/?page_id=232","title":{"rendered":"Jayasinghe v. Samarawickrema and others"},"content":{"rendered":"\n
Case Reference\/File No<\/strong> <\/td>[1994] 2 SriLR 18<\/strong> <\/td><\/tr>
Case Name<\/strong> <\/td>Jayasinghe v. Samarawickrema and others <\/strong><\/td><\/tr>
Court <\/strong> <\/td>Supreme Court <\/strong> <\/td><\/tr>
Date of judgement<\/strong> <\/td> 18th<\/sup> Oct and 2nd<\/sup> Dec 1993 <\/strong><\/td><\/tr>
Judges<\/strong> <\/td>C.P.S. De Silva CJ
Kulatunga J
Ramanathan J<\/strong> <\/td><\/tr>
Parties<\/strong> <\/td>Petitioner <\/strong>
Jayasinghe

Respondents<\/strong>
1st and 2nd<\/sup> respondents \u2013 Police Constables
3rd<\/sup> respondent \u2013 OIC Eheliyagoda Police
4th<\/sup> respondent \u2013 PC Gunatilake of Deraniyagala Police 5th<\/sup> respondent \u2013 OIC, Deraniyagala Police Station
6th<\/sup> respondent \u2013 Inspector-General of Police
7th<\/sup> respondent \u2013 Secretary, Ministry of Defense <\/td><\/tr>
Keywords<\/strong> <\/td>Fundamental rights – Articles 11, 13(1) and (2) of the Constitution – illegal arrest and detention \u2013 torture \u2013 Emergency Regulations 17(1) and 19(2) <\/strong><\/td><\/tr>
Head note<\/strong> <\/td>\n  \n <\/td><\/tr>
Brief facts<\/strong> <\/td>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. <\/td><\/tr>
Judicial Precedence<\/strong> <\/td>\n  \n <\/td><\/tr>
Legislation Title<\/strong> <\/td>The Constitution of the Democratic Socialist Republic of Sri Lanka 1978 <\/strong><\/td><\/tr>
Area<\/strong> <\/td>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)<\/strong> <\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n
Download Case File<\/a><\/div>\n","protected":false},"excerpt":{"rendered":"

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 \u2013 Police Constables 3rd respondent \u2013 OIC Eheliyagoda Police 4th respondent \u2013 […]<\/p>\n","protected":false},"author":164,"featured_media":0,"parent":198,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-232","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/rightscaselaw.ibj.org\/index.php?rest_route=\/wp\/v2\/pages\/232","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/rightscaselaw.ibj.org\/index.php?rest_route=\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/rightscaselaw.ibj.org\/index.php?rest_route=\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/rightscaselaw.ibj.org\/index.php?rest_route=\/wp\/v2\/users\/164"}],"replies":[{"embeddable":true,"href":"https:\/\/rightscaselaw.ibj.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=232"}],"version-history":[{"count":1,"href":"https:\/\/rightscaselaw.ibj.org\/index.php?rest_route=\/wp\/v2\/pages\/232\/revisions"}],"predecessor-version":[{"id":234,"href":"https:\/\/rightscaselaw.ibj.org\/index.php?rest_route=\/wp\/v2\/pages\/232\/revisions\/234"}],"up":[{"embeddable":true,"href":"https:\/\/rightscaselaw.ibj.org\/index.php?rest_route=\/wp\/v2\/pages\/198"}],"wp:attachment":[{"href":"https:\/\/rightscaselaw.ibj.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=232"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}