BANDULASAMARASEKERA
VS.
VIJITHA ALWIS, O.I.C., GINIGATHHENA

POLICE STATION AND OTHERS
SUPREME COURT
DR. SHIRANI BANDARANAYAKE,J.
EKANAYAKE,J.AND
IMAM,J.
S.C. (FR.) APPLICATION NO. 107/2007
JANUARY 30TH,2009

Fundamental Rights-Article 11 - Freedom from torture or cruel, inhuman or discriminatory treatment or punishment -Article 13(1) Failure to communicate reason for arrest to arrestee - Article 13(2) -Every person held in custody, detained or otherwise deprived of personal liberty shall be brought before the Judge of the nearest competent Court.- Criminal Procedure Code - Section 32(1)b - An arrest could be made not on vague reasons, but only on a reasonable suspicion that the person in question has been concerned in a cognizable offence - Section 37 - Person arrested not to be detained more than 24 hours.

The petitioner had filed this application in the Supreme Court alleging that his fundamental rights guaranteed in terms of Articles 11, 12(1), 13(1) and 13(2) of the Constitution were violated by the 1st and / or 2nd Respondents.

The Supreme Court granted leave to proceed for the alleged infringement of Articles 11,13(1) and 13(2) of the Constitution.

Held