The Petitioner is an Anesthetist, attached to the Base Hospital Dambulla and was also the Chief Organizer of the United National Party for Dodangaslanda. The 1st Respondent is an Inspector of Police of the Kurunegala Police Station. The 2nd Respondent is the Head Quarters Inspector of the Kurunegala Police Station. The Petitioner alleges that he was assaulted by the 1st Respondent inside the Kurunegala Police Station premises on 21.06.2006 and as such the Petitioner’s Fundamental Rights guaranteed under Article 11 of the Constitution have been infringed.
The primary issue to be determined in this case is whether the Petitioner has proved the allegation of torture or cruel, inhuman or degrading treatment against the 1st Respondent. The Petitioner’s version of facts is as follows. On 18.06.2006 he was informed by the Administrative Officer of the Base Hospital Dambulla that a group of police Officers of the Kurunegala Police Station had sought permission to enter the hospital premises to take the 3 Petitioner into custody and that they had been refused entry since the Petitioner was not in the
hospital at the time. Thereafter on the same day, the Petitioner received a telephone call from an officer of the
Kurunegala Police Station to call over at the Police Station to make a statement regarding
certain money orders sent to the Petitioner’s wife.
Accordingly this Court declares that the Petitioner’s Fundamental Rights guaranteed under Article 11 of the Constitution have been violated by the 1st Respondent. This Court also orders a sum of Rs 50,000/- to be paid by the 1st Respondent to the Petitioner as compensation. This sum is to be paid in his personal capacity. Sum is to be deposited in this Court within one month from this Judgment. No Costs.
