IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application under and in terms of Article 17 and 126 of the Constitution of the Democratic Socialist Republic of Sri Lanka Madurapperumage Kanchana Priyadarshini SC/FR/37/2020 Madurapperuma Pokunuwita, Henagama, Jayanthi Mawatha.

(Presently in remand prison Kalutara)

PETITIONER Vs.

1. Kelum Sangeeth, Sub-Inspector of Police, Peliyagoda Special Crimes Operations Unit, Paliyagoda.

2. The Secretary of Defence, Ministry of Defence, Colombo 01.

3. Manjula Silva, Inspector of Police, Officer-in-Charge, Police Station Ahangama.

4. Samarasinghe, Inspector of Police, Special Crimes Investigation Division, Western Province (North), Paliyagoda.

5. Samanlal, Sub Inspector of Police, Special Crimes Investigation Division, Western Province (North), Paliyagoda.

6. Indika Special Crimes Investigation Division, Western Province (North), Paliyagoda

7. Bandara, Police Sergeant No. 4866, Special Crime Investigation Division, Western Province (North), Paliyagoda.

8. Ranga, Police Constable 76336, Special Crime Investigation Division, Western Province (North), Paliyagoda 9. Buddika, Police Constable 79452, Special Crime Investigation Division, Western Province (North), Paliyagoda.

10. Sanjeewa, Police Constable 89807, Special Crime Investigation Division, Western Province (North), Paliyagoda.

11. Jayantha Dahanayake, Officer-in-Charge, Special Crime Investigation Division, Western Province (North), Paliyagoda.

12. Waruna Jayasundara, Deputy Inspector General of Police, Special Crime Investigation Division, Western Province (North), Paliyagoda.

13. Deshabandu Thennakoon, Senior Deputy Inspector of Police, Paliyagoda.

14. C.D. Wickramaratne, Acting Inspector General of Police, Police Headquarters, Colombo 01.

14A. C.D. Wickramaratne, Inspector General of Police, Colombo 01.

15. Hon. Attorney-General, Attorney-General’s Department, Colombo 12.

RESPONDENTS BEFORE: S. THURAIRAJA, PC, J.

A.H.M.D. NAWAZ, J. AND MAHINDA SAMAYAWARDHENA, J.

COUNSEL: Milindu Sarachchandra with Aruna Madushanka instructed by Darshika Nayomi for Petitioner.

V. Hettige, PC, ASG for the Respondents.

WRITTEN 1^st, 2^nd, 4^th to 15^th Respondents on 02^nd September 2022 SUBMISSIONS: Petitioner on 29^th August 2023 and 28^th November 2024 ARGUED ON: 07^th November 2024 DECIDED ON: 18^th March 2025 THURAIRAJA, PC, J.

1. The instant case is a fundamental rights application relating to the arrest of the Petitioner and the subsequent detention pursuant to two Detention Orders, dated 30^th January 2020 under the Poisons, Opium, and Dangerous Drugs Ordinance, No. 17 of 1929 and dated 06^th February 2020 under the Prevention of Terrorism (Temporary Provisions) Act This Court granted leave on Articles 12, 13(1) and 13(2) of the Constitution.

2. The instant application was filed while the Petitioner was in remand custody subsequent to the first Detention Order but prior to the latter taking effect, stating that her fundamental rights are imminently threatened. During the course of these proceedings, the question before this Court changed its colour to a more complex one, with the validity of the latter Detention Oder itself being called into question. For ease of analysis, I have set out below a brief narration of facts.

FACTUAL MATRIX

3. According to the Petitioner, she and her brother, who were arrested on 30th January 2020 by the 3rd to 10th Respondents in the Bandaragama area for possession of Heroin, had subsequently been detained for 7 days at the Special Crime Investigation Division, Western Province (North), Peliyagoda by virtue of a Detention Order issued by the Magistrate’s Court of Panadura in terms of Section 82(3) of the Poisons, Opium and Dangerous Drugs Ordinance.

4. The Petitioner states that she was interrogated for prolonged periods of time by the 1^st and 11^th Respondents and that she was threatened with detention under the Prevention of Terrorism (Temporary Provisions) Act, No. 48 of 1979 (hereinafter sometimes referred