Colombo, Sri Lanka — In a landmark judgment, the Supreme Court has ruled that the fundamental rights of a young man arrested by Payagala Police in 2012 were violated, affirming serious allegations of custodial torture and unlawful detention.
The case concerns Levwanduwa Withanage Sameera Sampath, a 24-year-old resident of Katukurundugahalanda, Pothuwila, Payagala, who was arrested on January 27, 2012, while on his way to sell vegetables at the Katukurunda Market.
According to the petition filed before the Court (SCFR/127/12), Sameera Sampath was detained for two days and subjected to severe physical and psychological abuse while being interrogated over a theft and about two other individuals in the area. The petitioner alleged that he was assaulted with hands and feet, handcuffed and suspended, and subjected to torture methods including being forced to inhale smoke after charcoal was placed near his hands.
At the time, his mother lodged a complaint with the Human Rights Commission of Sri Lanka, citing concerns over the torture her son endured in police custody. It was reported that Sameera Sampath was later produced before the Commission, where he was reprimanded over the complaint.
He was released on police bail on the night of January 28, 2012. However, allegations indicate that he was threatened by police officers not to seek further assistance from the Human Rights Commission or to obtain medical treatment. Despite these warnings, he was later admitted to Panadura Hospital, where he received treatment for three days due to injuries sustained during the alleged torture.
After years of legal proceedings, the Supreme Court took up the case for hearing on June 16, 2025, and delivered its judgment on March 7, 2026. The Court determined that the petitioner’s fundamental rights under Articles 11, 12(1), 13(1), 13(2), and 13(5) of the Constitution had been violated.
As part of the ruling, the Court ordered Sub-Inspector Padmakumara, who served as the Officer-in-Charge (OIC) of the Crime Branch at Payagala Police in 2012, to pay Rs. 750,000 in compensation. The then OIC of the Payagala Police, Kulasinghe, was ordered to pay Rs. 250,000, while the State was directed to pay Rs. 100,000 to the petitioner.
The case was heard before a bench comprising Justices A.H.M. Navas, Kumuduni Wickramasinghe, and M. Sampath K.B. Wijeratne.
Legal representation for the petitioner was led by Attorney-at-Law Suraj Rajapaksa, with Ms. Padila and Mr. Pulasthi Hewamanne appearing on his behalf. The respondents were represented by Attorneys Nageetha Wijesekera, A.D.G. Rabasinghe, Chamara Nanayakkarawasam, Patali Abeyratne, and Sampath Yalewatte, while Ms. Lakmali Karunanayake appeared for the State.
The ruling has been widely viewed as a significant step toward accountability in cases of custodial violence, reinforcing constitutional protections against torture and arbitrary detention in Sri Lanka.
Read the judgment here: sc_fr_127_2012
