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Mass violation of fundamental rights The Supreme Court has ruled there was a violation of fundamental rights of more than 200 persons, in custody for trying to travel abroad illegally and were not granted bail till the conclusion of the case. The ruling was given in respect of 205 petitions filed by persons in detention. The Bench comprised Chief Justice Sarath N. Silva, Justices N. Jayasinghe and Shiranee Thilakawardene. Among the petitioners was Vidanapathiranage Sumanadasa of Makola. The petitioner stated that ten days ago a female suspect (one of the petitioners), who was held in a crowded cell in the Negombo prison, died since there was no response to urgent appeals for medical attention when she fell ill. The petitioner stated since all of them were remanded for not having valid passports and visas and were not granted bail till the final determination of the case, their fundamental rights were violated under Article 13(2) of the Constitution. Delivering the judgment, the Chief Justice said the continued detention of large numbers would negate the fundamental rights of the petitioners resulting in overcrowding of prisons. He said that without proper adjudication of the basis of their detention the very essence of the fundamental rights guaranteed by the Constitution had been negated. The Chief Justice directed the Colombo Magistrate’s Court to decide on the continued detention of these persons in accordance with the procedure applicable to persons accused of non-bailable offences. Attorneys Nuwan Pieris with Ms. Pradeepa Nilamani and Champika Nilanthi appeared for the petitioners. Deputy Solicitor General Yasantha Kodagoda appeared for the Attorney General. The Court directed the Registrar to send copies of the judgment to the Magistrate’s Courts of Negombo, Colombo Fort and Kalutara.
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