IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application in terms of Article 126 read with Article 17 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

Aththanayake Mudiyanselage Kelum SC FR Application No. 412/ 2015 Aththanayake, No. 02, Lumbini Pedesa, Akarangaha, Badalgama.

PETITIONER Vs.

1. H. W. S. Udayakumara, (Inspector of Police)

Officer in Charge, Police Station, Kotadeniyawa.

2. Jayantha Athukorala, Assistant Superintendant of Police, District ASP, SP Division- Negombo.

3. D. U. Lasantha Rathnayake, Chief Inspector of Police, Officer in Charge, Criminal Investigation Department, Colombo 01.

4. B. R. S. R. Nagahamulla, Senior Superintendant of Police, Director, Criminal Investigation Department, Colombo 01.

5. N. K. Illangakoon, Inspector General of Police, Police Headquarters, Colombo 01.

6. Hon. Attorney General Attorney General’s Department, Colombo 12.

Before: P. PADMAN SURASENA, J JANAK DE SILVA, J MAHINDA SAMAYAWARDHENA, J Counsel : Lakshan Dias with Ms. Maneesha Kumarasinghe for the Petitioner.

Shyamal A. Collure with Prabhath S. Amarasinghe for the 1^st Respondent.

Clifford Fernando instructed by Mahinda Bandara for the 2^nd and 3^rd Respondents.

Ms. Induni Punchihewa SC for the Attorney General.

Argued on : 22-06-2023 Decided on : 27-06-2024 P. Padman Surasena, J.

The Petitioner, filed the Petition pertaining to the instant case in this Court on 09-11-2015, praying inter alia, for;

i. Leave to proceed under Article 11, 12(1), 13(1) and (2) of the Constitution of the Democratic Socialist Republic of Sri Lanka ii. a declaration that the Fundamental Rights of the Petitioner guaranteed under Articles

11, 12(1), 13(1) and (2), of the Constitution of the Democratic Socialist Republic of Sri Lanka are been violated by the 1^st to the 3^rd Respondents.

iii. an Interim Order directing the Hon. Attorney General to hold an inquiry and indict all those who are accused in this case for the offence of Torture and Cruel, inhuman or degrading treatment as per the powers given to the Attorney General by Act No 22 of

1994.

iv. an interim Order directing the Inspector General of Police to hold an immediate internal inquiry against the 1^st and 2^nd Respondents of the Police Department and take administrative action against them if found guilty of said violations.

v. Granting of costs vi. Rupees 500,000,000/- as compensation This Court on 11-03-2016, having heard the submissions of the learned Counsel for the Petitioner and the submissions of the learned Counsel for the Respondents, had decided to grant Leave to Proceed in respect of the alleged violations of the Fundamental Rights guaranteed to the Petitioner under Articles 11, 12(1) and 13(2) of the Constitution by the 1^st

2^nd and 3^rd Defendants.

In the course of the argument, the learned Counsel for the 1^st Respondent submitted that the Petitioner has failed to file the Petition in the instant case within the time permitted by law. i.e., within one month prescribed by Article 126(2) of the Constitution. It was on that basis that he submitted that this Court should dismiss this Petition as it cannot be maintained any further in Court.

The learned Counsel for the Petitioner sought to counter that argument by stating that the Petitioner has lodged a complaint in the Human Rights Commission which gives him an entitlement to maintain this case. I would now proceed to consider this argument as it pertains to a preliminary issue.

The Petitioner has filed the instant application on 19^th November 2015. The latest alleged act of infringement i.e. of Article 13 (2), according to the Petition, had occurred from the 16^th September 2015 to the 19^th of September 2015. This is because the Petitioner has admitted in his Petition¹ that he was produced before the Minuwangoda Magistrate’s Court on the 19^th of September 2015 upon which the learned Magistrate of Minuwangoda had ordered that the Petitioner be remanded till the 28^th September 2015. The learned Mag