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

1. Hettiarachchige Srimathi Devika Tissera

2. Welgamage Yoshika Nadishani Perera

3. Welgamage Vishan Madusha Perera SC/FR No. 94/2013 All of No. 505/B, Yakkaduwa, Ja-Ela and No. 441/B, Niwandama, Ja-Ela Petitioners Vs.

1. Police Constable Madagammeddegedara Nirosha Sanjeewa Jayasekara (88696), Police Station, Ja-Ela.

2. Police Constable Rajakaruna Mudiyanselage Saman Sanjeewa Bandara (79186), Police Station, Ja-Ela.

3. Police Constable Fernando (29644), Police Station, Ja-Ela.

4. Inspector of Police Weerathilake, Officer-in-Charge (Minor Offences Branch), Police Station, Ja-Ela.

5. Chief Inspector Chandana Kandewatta, Officer-in-Charge, Police Station, Ja-Ela.

6. Udaya Hemantha, Assistant Superintendent of Police (Peliyagoda), ASP’s Office, Peliyagoda.

7. Senior Superintendent of Police, Police Headquarters, Colombo 01.

8. The Honourable Attorney General, Department of the Attorney General, Colombo 12. Respondents Before: Buwaneka Aluwihare, PC. J.

L. T. B. Dehideniya, J.

S. Thurairaja PC. J Counsel: Saliya Pieris PC with Anjana Rathnasiri for the Petitioners.

Dr. Sunil Coorey with Sudarshani Coorey for the 1^st and

2nd Respondents.

Induni Punchihewa SC for the Hon. Attorney General.

Argued on: 13. 07. 2020 Decided on: 30. 06. 2021 Judgement Aluwihare PC. J., The Petitioners were granted Leave to proceed for the alleged infringement of their fundamental rights enshrined in Articles 11, 12 (1), 13 (1) of the Constitution.

Initially, I wish to set out the versions submitted by the Petitioners as well as the 1^st and 2^nd Respondents, before the court.

The Version of the Petitioners On the Christmas eve of 2012, the 1^st Petitioner, along with her 25year old daughter and the 15year old minor son [the 2nd and 3rd Petitioner], had gone to the Public Market Complex, Ja-Ela situated along the Colombo-Negombo main road to make some purchases for Christmas. The 1^st Petitioner who had been driving the 2^nd Petitioner’s car had parked it in front of the Public Market Complex in the space between the edge of the main road and the kerb. The Petitioners maintain that it is a space where the public is normally allowed to park their vehicles and that the car was parked at an angle to the kerb in such a manner that it did not block any vehicular traffic, plying along the main road. While the 1^st Petitioner had gone shopping, her children had stayed in the car, the 2^nd Petitioner in the driver’s seat and the 3^rd Petitioner in the front passenger seat.

The Petitioners aver that while they were so waiting, the 1^st Respondent had come up to the car and had knocked on the shutter of the car on the driver’s side, asking the 2nd Petitioner to open it. When the 2nd Petitioner rolled down the shutter, the 1^st Respondent had admonished the 2^nd and 3^rd Petitioners with obscenities, accusing them of behaving inappropriately inside the car. The 2^nd Petitioner had informed the 1^st Respondent that they were waiting for their mother and reversed the car in order to approach the main road. The 1^st respondent had then banged on the vehicle ordering her to stop, “kj;a;msh f;da fldfyo hkafka?”. At this point the 2^nd Respondent had arrived at the scene and had made an attempt to grab the 2^nd Petitioner by her shoulder. When she tried to block the 2^nd Respondent, he had hit her hand and pulled her out of the vehicle by her shirt while verbally abusing her with obscenities. Thereafter, the 2nd Respondent had pinned her against the car by applying force on her chest. In the midst of this incident, it is also alleged that, while the 3^rd Petitioner was still in the vehicle, the 1^st Respondent slapped him.

When his sister was dragged out of the car, the 3^rd Petitioner had got out of the car and had moved towards her, in an attempt to make the 2^nd Respondent release her. The 2nd Respondent