HUMAN RIGHTS COMMISSION OF SRI LANKA, Annual Report 2018 to withhold all 76.75 marks due to the petitioner scoring ‘0’ marks for the requirement of a registered lease was concluded to be beyond the provisions of the above circulars. As the geographically proximate school to the child was this school, it was found that there was no legitimate reason to reject the application. 3.2.3. Arbitrary arrest and detention (Article 13 of the Constitution) ▪ Illegal Arrest and Detention of a person (Complaint No. HRC/1494/14) In this case, the Commission concluded the fundamental rights of the petitioner under articles 13(1) and (2) of the Constitution were violated by the Police. Evidence was produced to prove that the police had arrested and had illegally detained the petitioner, a jewelry merchant by profession, for 3 days before being produced within 24 hours of arrest before a magistrate as required by the law. Further, while the respondents had the opportunity to obtain a search warrant prior to searching the complainant's house they had not done so, thereby contravening the provisions of the Code of Criminal Procedure Act. Moreover, the petitioner had not been given the reason for arrest, at the time of arrest as required by the law. The Commission found that the petitioner’s rights under Article 13 had been violated and, recommended the respondents pay Rs.25,000/- as compensation to the complainant and Rs.10,000/- as costs. ▪ Unlawful arrest (Complaint No. HRC/K/165/16) Responding to a complaint of the violation of article 13(1) of the Constitution, the Commission found that the arrest of the petitioner and subsequent production in the Magistrate court by the Police were unlawful as the police had not made reasonable attempts to ascertain her identity prior to the arrest. The petitioner had been arrested pursuant to a warrant issued against a person who bore the same initialed name as the petitioner in relation to proceedings filed by the Department of Co-operative Development in the District court. Despite 54