Major Wengappuli Arachchige Samantha vs 1. Inspector Ranjan Samarasinghe Officer-In-Charge

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SRI)(SC) 20756

S B T M IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA he matter of an application under and in terms of Article 126 read together with Article 17 of the Constitution of the Democratic Socialist Republic of Sri Lanka. ajor Wengappuli Arachchige Samantha, No. 644, Thambiliyana, Kuruwita. C/FR Application No. 100/2016 Petitioner Vs. 1. Inspector Ranjan Samarasinghe Officer-in-Charge, Opanayake Police Station, Opanayake. 2. Hon. Duminda Mudunkotuwa Magistrate, Magistrate’s Court, Balangoda, 3. Inspector General of Police, Police Headquarters, Colombo 01. 4. Hon. Attorney General Attorney General’s Department, Colombo 12. Respondents efore : Murdu N. B. Fernando, PC. J Janak De Silva, J K. Priyantha Fernando, J 1

S B T M IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA he matter of an application under and in terms of Article 126 read together with Article 17 of the Constitution of the Democratic Socialist Republic of Sri Lanka. ajor Wengappuli Arachchige Samantha, No. 644, Thambiliyana, Kuruwita. C/FR Application No. 100/2016 Petitioner Vs. 1. Inspector Ranjan Samarasinghe Officer-in-Charge, Opanayake Police Station, Opanayake. 2. Hon. Duminda Mudunkotuwa Magistrate, Magistrate’s Court, Balangoda, 3. Inspector General of Police, Police Headquarters, Colombo 01. 4. Hon. Attorney General Attorney General’s Department, Colombo 12. Respondents efore : Murdu N. B. Fernando, PC. J Janak De Silva, J K. Priyantha Fernando, J 1

D K Counsel : Saliya Pieris, PC with Anjana Rathnasiri with Sarinda Jayawardene for the Petitioner Sajith Bandara, SC for the 1st and the 4th Respondents Argued on : 13.06.2023 ecided on : 11.08.2023 . PRIYANTHA FERNANDO, J 1. The petitioner in this case is a Major serving in the Sri Lanka Army. He alleges that, the actions of the 1st respondent in arresting him without any legal basis and the actions of the 2nd respondent Magistrate in remanding him, has infringed the fundamental rights guaranteed to him under Articles 12(1), 13(1) and 13(2) of the Constitution. This Court granted leave to proceed for the alleged violation of fundamental rights under Article 12(1) and Article 13(1) by the 1st respondent. 2. The Facts According to the petitioner, on 18.02.2016 he has left the Naval Adi Army Camp at about 7.00 a.m. to reach the Boossa Army Camp in order to make an appointment to meet the Divisional Commander. The petitioner has been accompanied by the driver (Army Private 479243, R. A. J. U. Rathnakumara) and an escort (Army Private 480265, P. G. A. Chathuranga Wijeratne). 3. The petitioner has been seated on the front passenger seat of the Army Jeep (Toyota Land Cruiser Mark II) bearing Registration No. යු.හ 5427. The escort Private has been seated behind the petitioner on the rear seat facing sideways. In the course of their journey, while they were on the Badulla-Colombo-Batticaloa A4 Highway heading from Balangoda towards Colombo, the Army Jeep has collided with a three-wheeler bearing Registration No. WP QL 7480 which was headed from Opanayake towards Balangoda driving in the correct lane (left lane). The collision has taken place on the Ratnapura-Balangoda road near the Uduwela Eerigasmulle area between the 132nd and the 133rd mile posts. 2

D K Counsel : Saliya Pieris, PC with Anjana Rathnasiri with Sarinda Jayawardene for the Petitioner Sajith Bandara, SC for the 1st and the 4th Respondents Argued on : 13.06.2023 ecided on : 11.08.2023 . PRIYANTHA FERNANDO, J 1. The petitioner in this case is a Major serving in the Sri Lanka Army. He alleges that, the actions of the 1st respondent in arresting him without any legal basis and the actions of the 2nd respondent Magistrate in remanding him, has infringed the fundamental rights guaranteed to him under Articles 12(1), 13(1) and 13(2) of the Constitution. This Court granted leave to proceed for the alleged violation of fundamental rights under Article 12(1) and Article 13(1) by the 1st respondent. 2. The Facts According to the petitioner, on 18.02.2016 he has left the Naval Adi Army Camp at about 7.00 a.m. to reach the Boossa Army Camp in order to make an appointment to meet the Divisional Commander. The petitioner has been accompanied by the driver (Army Private 479243, R. A. J. U. Rathnakumara) and an escort (Army Private 480265, P. G. A. Chathuranga Wijeratne). 3. The petitioner has been seated on the front passenger seat of the Army Jeep (Toyota Land Cruiser Mark II) bearing Registration No. යු.හ 5427. The escort Private has been seated behind the petitioner on the rear seat facing sideways. In the course of their journey, while they were on the Badulla-Colombo-Batticaloa A4 Highway heading from Balangoda towards Colombo, the Army Jeep has collided with a three-wheeler bearing Registration No. WP QL 7480 which was headed from Opanayake towards Balangoda driving in the correct lane (left lane). The collision has taken place on the Ratnapura-Balangoda road near the Uduwela Eerigasmulle area between the 132nd and the 133rd mile posts. 2

4. The petitioner stated that, he was awake throughout the entire journey and engaged in conversation with the driver of the Army Jeep for most part of the journey. At or about Uduwela, the petitioner has looked down at his phone to search for a contact number in order to place a phone call. While the petitioner was searching for the contact number, he has felt that the vehicle was moving slightly off its course. Within seconds of him instinctively raising his head, the Army Jeep has collided with the said three- wheeler causing the three-wheeler to be thrown off the road and over the culvert. As a result of the collision, the Army Jeep has also hit the culvert and come to a halt. Thereafter, the petitioner has got off the Army Jeep and rushed to the assistance of the injured persons, who were the passengers and the driver of the three- wheeler. The petitioner along with the assistance of the villagers that gathered around the scene of the accident, has rushed the injured persons to the Balangoda hospital in a Lorry. The driver of the Army Jeep was also taken to the hospital along wi

4. The petitioner stated that, he was awake throughout the entire journey and engaged in conversation with the driver of the Army Jeep for most part of the journey. At or about Uduwela, the petitioner has looked down at his phone to search for a contact number in order to place a phone call. While the petitioner was searching for the contact number, he has felt that the vehicle was moving slightly off its course. Within seconds of him instinctively raising his head, the Army Jeep has collided with the said three- wheeler causing the three-wheeler to be thrown off the road and over the culvert. As a result of the collision, the Army Jeep has also hit the culvert and come to a halt. Thereafter, the petitioner has got off the Army Jeep and rushed to the assistance of the injured persons, who were the passengers and the driver of the three- wheeler. The petitioner along with the assistance of the villagers that gathered around the scene of the accident, has rushed the injured persons to the Balangoda hospital in a Lorry. The driver of the Army Jeep was also taken to the hospital along wi

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