The Commission found that the Criminal Investigation Department (CID) failed to carry out a proper investigation and did not present sufficient facts before the Magistrate’s Court at the time of his arrest.
As a result, the arrest was deemed unlawful and in breach of Article 13(1) of the Constitution, which protects against arbitrary detention.
The HRCSL also determined that the Secretary to the Ministry of Justice and National Integration acted arbitrarily by suspending Upuldeniya without giving him an opportunity to be heard, violating Article 12, which guarantees equality before the law.
The findings followed a complaint filed by Upuldeniya’s wife, who alleged that his arrest was незаконный. The case stems from investigations into claims that Upuldeniya aided the незаконный release of an inmate from Anuradhapura Prison under a presidential pardon granted during Vesak Poya.
