SC finds Acting IGP guilty of torture

• Petitioner accuses them of unlawfully detaining and subjecting him to torture
• Court finds Tennekoon and three others had violated fundamental rights of a suspect in 2011 
• Orders NPC to take disciplinary action against Tennakoon and others still serving in the Police

The Supreme Court yesterday ruled that the current Acting Inspector General of Police Deshabandu Tennekoon, along with three other Police Officers, had infringed upon the fundamental rights of an individual by illegally arresting, unlawfully detaining and subjecting him to torture in 2011.

The court found that the respondents had violated Articles 11(1), 12(1), 13(1) and 13(2) of the Constitution relating to freedom from torture, the right to equality and freedom from arbitrary arrest, detention and punishment.

Accordingly, Tennekoon and others named in the petition were ordered to pay Rs. 2 million in total as compensation to the petitioner from their personal funds while the state was ordered to pay another Rs. 100,000.

A private party and a retired Sergeant Major of the Army Ajith Wanasundera who was involved in the incident was also held liable and ordered to pay compensation.

The apex court directed the National Police Commission to take disciplinary action against Acting IGP Deshabandu Tennakoon and the other accused who are currently serving in the Sri Lanka Police.

The petitioner identified as Ranjith Sumangala mentioned in his petition that Tennekoon who was the Superintendent of Police (SP) in charge of Nugegoda and others had detained him at the Mirihana Police station and subjected him to various forms of torture.

The petitioner also claimed he was assaulted by the Police after being apprehended under suspicion of theft and was compelled to inhale chilli powder. In the petition, he claimed Tennekoon himself had assaulted him during the incident.

Additionally, the court heard that, in one instance, the petitioner was brought to his residence after the arrest and subjected to assault in the presence of his wife and young children. 

Senior Counsel Viran Corea with counsel Sarita De Fonseka and Thilini Vidanagamage appeared for the petitioner while Senior State Counsel Induni Punchihewa appeared for Tennakoon and the Attorney General.

The court decision has now sparked yet another debate on the suitability of Tennekoon for the post of Acting IGP. Tennekoon has been in the post for a mere two weeks before being hit by this latest obstacle on his way to being confirmed as the IGP. The appointment of the top cop to the post was marked by significant delays and calls from various quarters, including the Catholic Church, urging against his appointment due to his alleged failure to prevent the Easter Sunday terror attack.