Jayantha Jayasuriya, PC,CJ

Four Petitioners invoked the jurisdiction of this Court in terms of Articles 17 and 126 of the Constitution. The 1^st Petitioner is the widow of late D. Nimal Chandrasiri Appuhamy (hereinafter referred to as the “deceased” or “victim”) and 2 ^nd to the 4^th Petitioners are their children. The aforementioned deceased was a fisherman who had been the sole breadwinner of the family.

Whilst the 1^st Respondent had served as the Officer-in-Charge of Wadduwa Police station during the time relevant to this application 2^nd to the 5^th Respondents had been police officers attached to the same police station during the same period of time. The Petitioners contend that the arrest, detention and subsequent death of the victim while in the custody of the police resulted in violation of rights guaranteed under Articles 11, 12(1), !3(1), 13(2) and 13(4). This Court has granted leave to proceed for the alleged infringement of Rights guaranteed under Articles 11, 13(1), 13(2) and 13(4) of the Constitution, against the first to the fifth Respondents.

According to the Petitioners, on 15^th April 2012, the victim has left home early in the morning for work on the 4^th Petitioner’s motorcycle bearing number UV 6608. Around 6.00 am the 1^st Petitioner received a call from the Wadduwa Police Station and had been informed that her husband has been arrested and is in police custody. However, no reasons were given for his arrest. Having been satisfied that the call in fact has been originated from Wadduwa Police, 2^nd and 4^th Petitioners had rushed to Wadduwa Police station. The said two Petitioners has reached the police station between 6.00am and 6.15am and had directly proceeded to the Cell and had observed that their father was alone in the police cell, lying on the bench, holding his chest and in considerable pain. He had been cladded with a vest and a pair of shorts. Petitioners claim that they observed blood stains on the left shoulder blade of the victim. In response to a question by the 4^th Petitioner the victim has claimed that he was beaten by the Police and that he needed some water to drink. The 4^th Petitioner, seeing that there was an empty bottle inside the Cell within his reach, took the bottle and asked a lady police constable who was on duty, where he can find some water. He was thereupon told that he could get some water from the Kitchen. The 4^th Petitioner, after filling the bottle of water returned back to the Cell. However, the 4th Petitioner was unable to reach the victim, so he left the water bottle on the floor. The Petitioners reiterate that the victim was in considerable pain and could not lift the bottle of water from the floor. The 4^th Petitioner on seeing this spoke to the 2^nd Respondent and said that his father was in pain and had requested the latter to open the cell so that he can give some water to his father who was in immense pain. Petitioners contend that 2^nd Respondent at that stage responded saying that the victim is just pretending as he was just scared. However, the 4^th Petitioner having observed that the victim was in severe pain has requested the 2^nd Respondent to take the victim to the hospital. The two Petitioners, having been informed that the victim was arrested for possession of Canabis and as no steps were taken to take him to a hospital, had returned home to explore possibilities of taking necessary steps to have the victim been taken to the hospital.

By around 6.30 a.m., the Petitioners had informed their relatives and friends including two individuals who had known the 2^nd Respondent. Around 9.15am Petitioners together with the two friends had returned to the Police Station. At that stage the victim who was dressed only in a pair of shorts had been lying on the bench motionless all alone in the cell. Victim’s eyes were shut and had not responded to the Petitioners. Petitioners having left the police station at that stage had returned around 10.45 am with money to deposit as security for