Rathnayake Tharanga Lakmali vs. Niroshan Abeykoon, SC/FR Application No. 577 of 2010 (Supreme Court of Sri Lanka, 17 December 2019)

The petition was filed by the widow of a detained prisoner who alleged that her husband was arrested, taken away from her house illegally, assaulted and killed by the police officers by shooting. The petition alleged that these acts violated the fundamental rights of the deceased under the constitution. The police, on the other hand, alleged that the deceased is a dangerous criminal involved in contract killing and was arrested as a murder suspect. The deceased was allegedly killed during a struggle when the deceased attempted to snatch a police rifle. The court said that according to the Constitution, no person shall be punished with death or imprisonment except by order of a competent court. Hence, even a convicted criminal has a right not to be arbitrarily deprived of his life except in accordance with procedure established by law. While the Fundamental Rights Chapter in the constitution does not expressly refer to a right to life, the constitution, as a living document, should not be construed in a narrow and pedantic sense. Constitutional interpretation should be informed by the values embodied in it. The preamble/svasti of the constitution recognizes dignity and well-being of the people as a fundamental value that should be furthered by assuring to all people freedom, equality, justice, fundamental human rights and the independence of the judiciary.