The petitioner has established that he has been subjected to torture and cruel
treatment by the Police whoever they be, despite doubts about the exact identification
of the particular Police Officers, when he was under arrest. The police force is an organ
of the State. The State is liable to pay compensation to the victim.
Per Atukorale, J. ‘The report of the M.O. is in my view, valueless and unworthy of
acceptance. On his own showing it is evident that he has not carried out an
independent examination of the petitioner to ascertain whether he had any injuries. It
seems to me to be preposterous for any medical officer before whom a suspect is
produced for a medical examination in the custody of a police officer to expect him to
tell the officer in the very presence of that {Police officer that he bears injuries caused to
him as a result of a police assault. I therefore reject the report of the M.O. as being
worthless and unacceptable. The circumstances of this case disclose a gross lack of
responsibility and a dereliction of duty on the part of the M.O., Bandaragama.
