SRILAL PERERA

Vs.

POLICE SERGEANT ANANDA AND OTHERS

SUPREME COURT
PERERA, C.J.
ALUWIHARE, J.
JAYAWARDENA, J.
SC/FR/198/2011
MARCH 21, 2017

Fundamental rights-Articles 11, 13(1) and 13(2) of the Constitution-Mandatory requirements when police officer places a citizen in custody

The petitioner alleged that he had been arrested by the 1st respondent and three other persons, all of whom were in civvies, on 24th April 2011, and taken away in a vehicle, handcuffed and blindfolded, to a thicket, where he was assaulted. Later that day, he was brought to the police station where he was beaten with a stick by the 1st respondent. Over the next two days, the petitioner was taken, handcuffed and blindfolded, to two houses which he was alleged to have burgled, and it was demanded that he hand over items he had allegedly stolen. The petitioner alleged that he was assaulted during those journeys as well, in spite of his denial of any involvement in the alleged incidents of burglary. On 27th April 2011, the 1st respondent had recorded his statement and on 28th April 2011, he had been produced before a medical officer at the Madampe District Hospital. The petitioner