ABASIN BANDA v. S. I. GUNARATNE & OTHERS S.C. APPLICATION NO. 109/95.

Facebooktwitterlinkedinrssyoutube

The Petitioner alleges that he was arrested at about 6 p.m. on 1, March 1995, for
no reason. He was taken to the Hanguranketha Police Station where the 1st
Respondent assaulted him with a piece of wood. He was produced before the
Magistrate in the morning of 2, March, 1995.

The Petitioner states that he was waiting for a bus at the
Rikillagaskada junction to go home, after selling cloth. Then the 1st
respondent arrived in a jeep with two Police Constables and arrested
him. The petitioner was not informed of the reason for his arrest. On
the 1st respondent’s order the two constables put the petitioner into
the jeep. He was then taken to the Hanguranketha Police Station. At
the Police Station the 1st respondent told the petitioner “you are the
one that I wanted … you are having land cases with my relations you
dog”. This has reference to the motive for the petitioner’s arrest,
according to the case presented by the petitioner.

and the 1st respondent took a
bottle of arrack, opened it and forced it into the petitioner’s mouth. likewise 1st respondent assaulted the petitioner on his cheek and shoulder.

For the reasons set out of this judgment, supreme court declare that the first
respondent has violated the petitioner’s fundamental rights
guaranteed by Articles 11, 13(1) and 13(2) of the Constitution.
The State shall pay the petitioner a sum of Rs. 20,000 by way of
compensation and a sum of Rs. 5000 as costs. The first respondent
shall pay the petitioner a sum of Rs. 10,000 by way of compensation.

full judgement here

Social Sharing

Related posts