Brutal assault in police custody: SC awards torture victim Rs. 300,000

• Fine payable by respondent police officers

By S.S. Selvanayagam

The Supreme Court awarded Rs. 300,000 to the victim-petitioner in a fundamental rights violation petition filed against three police officers attached to the Welipanna Police Station for the brutal assault of the victim while he was in custody.

The judgment was delivered by Justice Sisira J. De Abrew with Justices Anil Gooneratne and Nalin Perera agreeing. The Court ordered the three police officers Gamini, Bandara and the other to pay Rs. 100, 000 each summing up to Rs. 300,000 to the petitioner Egodawattage Ruwan Niroshana of Ellekanda, Welipenna.

The Court held that the version given by the police officers of the Welipanna Police Station in regard to the date of arrest was 28  May 2010 cannot be accepted and furthermore the position taken by the police in regard to the injuries sustained by the petitioner were also concocted and therefore could not be accepted by court.

Court further held that the petitioner’s case was that he was taken into custody on 26  May 2010 and kept in police custody until 29  May 2010 without being produced before a magistrate and while he was in police custody he was inhumanly and brutally assaulted by the police officers.

The Additional Judicial Medical Officer Dr. Ajith Tennekoon’s conclusion in his medical report confirmed the petitioner’s case where he stated in his report that the petitioner has been assaulted by hanging him by the thumbs and the injuries were caused by a blunt weapon. The Additional JMO further stated in his report that the petitioner had gone through psychological trauma due to the brutal assault and therefore needed counseling and psychological support.

The Petitioner has stated that on 26 May 2010 at around 7.30 p.m.  three respondent police officers threatened and assaulted the petitioner with a hosepipe and a club on his buttocks, legs and soles demanding a gold chain alleged to have been stolen by the petitioner.

In response to the Petitioner’s contention, the police officers’ version was that the petitioner had tried escaping when the police went to arrest him and he wounded himself due to a fall.

 However, this position was contradicted by the documents produced by the Police themselves where it was recorded in the police log book that at the time of arrest the petitioner did not have any visible injuries.

The petitioner has also annexed an affidavit from one Maddumage Pradeep Kumara to further support his contention where the said Maddumage Pradeep Kumara affirms that when he was taken into custody on 26 May 2010 the petitioner was also in Police custody and the petitioner was inhumanely and brutally assaulted.

The objections filed on behalf of the respondents have categorically admitted that Maddumage Pradeep Kumara was arrested on 26 May 2010 and have not contradicted the averments in the said Maddumage Pradeep Kumara’s affidavit. 

The B Report filed in court against the Petitioner in the Magistrates’ Court does not reveal any information in regard to the date of arrest of the petitioner.

Court also observed that the Magistrates’ Court action was filed far back from May 2010 and on 2 April 2013 the accused was discharged for want of prosecution.

Having considered the position taken by the petitioner as well as the respondents, Court held that the petitioner’s Fundamental Rights guaranteed under Article 11 (freedom from torture) of the Constitution has been violated by the 1st to 3rd Respondent Police Officers and further held that the Petitioner’s rights under Article 13(2) (freedom from arbitrary detention) has also been violated by the respondent police officers.

Shantha Jayawardene with Niranjan Arulpragasam appeared for the petitioner. Dr. Sunil Cooray appeared for the first to third respondents.