GAMMANPILA
VS
GUNATHILAKE, INSPECTOR OF POLICE AND TWO OTHERS

SUPREME COURT
K.SRIPAVAN.CJ.
UPALY ABEYRATHNE J.
SC FR APPLICATION NO. 207/2016
29.06.2016

Constitution Article 13 (1) Could the Court interfere with an investigation-applicability of Article 13 (5) and Article 123 (1) Article 138 Article 139-Penal Code Section 70- It is the duty of Court to determine whether on such available material an arrest should have been made or not made ? Should the Petitioner be informed of the reason for his arrest.

On a complaint by the 4th Respondent to the Criminal Investigation Department that shares of Pan Asia Bank Limited held by him had been allegedly sold by the Petitioner using a fraudulent Power of Attorney, the Petitioner was summoned to record a statement by the 1st Respondent. At the investigation the Petitioner denied any involvement. Petitioner was arrested by the Special Investigation Unit of Police on 18.06.2016. 'B' report was filed on same day before the Colombo Fort Magistrate and Petitioner was placed on remand until 01.07.2016. The Petitioner complained of violation of Article 13 1) of the Constitution.

HELD:

1. If an offence is disclosed, the