SL SC | Absence of proof leads to dismissal of petition of violation of Fundamental rights

Supreme Court of the Democratic Socialist Republic of Sri Lanka: A Full Bench of Buwaneka Aluwihare, Murdu N. B. Fernando and E. A. G. R. Amarasekera, JJ., dismissed and appeal filed complaining about the violation of his fundamental rights guaranteed under Articles 11, 12(1) and 13(1).

According to the Petitioner, while he was driving his three-wheeler from Rajagiriya to Malwana two persons who were unknown to him, had blocked his path with their motorcycle and had brought his three-wheeler to a halt and who were dressed in civilian clothing had then forcibly took the Petitioner to the Police Station where he was kept in the police cell for about half an hour without any reasons being given for his arrest. Thereafter the petitioner was handed over to the respondents and he was ordered to drive his three-wheeler to another police station and while he was driving the respondent who was seated at the back of the three-wheeler had beaten the Petitioner on the head and when he parked the vehicle he was again assaulted with such an intensity that he fainted and he was detained in the police station and was set free the other morning after recording of his statement. He contends to have admitted to the hospital while he did not produce any relevant evidence for the same. There were contradictions in the petition and the letter sent by Deputy Inspector General of Police. The Court had observed that the Petitioner had not cited the two police officers who arrested him and the respondents had his custody at the first police station so they were not present at the time of the arrest so they cannot be held liable for unlawful arrest of the Petitioner. The Petitioner had complained of torture at the hands of the Respondents however, records show that there were no external injuries to be seen on the Petitioner.

The Court while dismissing the petition stated that they are of the opinion that the Petitioner was unable to prove the alleged violation. [Arangallage Samantha v. Officer-in-charge, S.C. (F/R) Application No. 458 of 2012, decided on 28-01-2020]

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