RAJAPAKSHA VS RATHNAYAKE & TEN OTHERS

RAJAPAKSHA
VS
RATHNAYAKE & TEN OTHERS

SUPREME COURT,
EVA WANASUNDERA, PC, J.
ALUWIHARE, PC, J.
SISIRA DE ABREW J.
SC FR 689/2012.
DECEMBER 08, 2015.

Fundamental Rights -Article 126 of the Constitution-Article 11,12,13(1) and 13(2) - Arrested - false case - physical and mental trauma - Producing a suspect on fabricated charges before a Magistrate - Is it cruel, inhuman and degrading treatment? Equal protection of the law -Evidence Ordinance Section 134 - Principles laid down.

The petitioner sought a declaration to the effect that his fundamental rights guaranteed under Article 11 have been violated by the 1st -6th Respondents, violations under Article 13(1) and 13(2) against 1st Respondent and Article 12 against 7th to 9th Respondents.

HELD:

[1] If a person is arrested and kept in the Police remand cell without any reasons and later a false case is fabricated against him, his personal liberty is restricted and such a person undergoes physical and mental trauma. In such a situation it can be concluded that he was subjected to torture, cruel, inhuman and degrading treatment and punishment.

[2] When a person is arrested without re

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