SAMPATH KUMARA WICKREMAPATHIRANA

SAMPATH KUMARA WICKREMAPATHIRANA

VS.

SUB INSPECTOR SALWATURE AND OTHERS

SUPREME COURT
S. EVA WANASUNDERA P.C., J.
UPALY ABEYRATHNE J.
H.N.J. PERERA.J.
SC FR APPLICATION No. 244/2010
06.03.2017.

Constitution Articles 11, 13(1) and 13(2)- Burglary - Arrest - Torture - Assault - Human Rights Commission - Medico legal report - Act No. 22 of 1994 (Section 12).

Petitioner a labourer, complains about his arrest, by the police as well as assault and torture, by the 1st to 5th Respondents. One Wanshawathie of Bandaragama complained to the police that her house had been burgled

during her absence from the house. As regards this burglary the police apprehended the Petitioner. No goods recovered from Petitioner except some pawning receipts. Two cases were filed in the Magistrate's Court against the Petitioner. He was acquitted, by the Magistrate's Court.

Petitioner states he was arrested on 20.05.2009 at 11.00 am, when he was returning home. He was taken to his house by the 2nd Respondent and other police officers and house was searched. Only pawn receipts were found. Thereafter he was taken to the police at 1.00 pm and later to the police b

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