Asantha Aravinda vs. Atapattu and other police officers and others, SCFR Application No:26/2009

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When the petitioner on 28.2.2008 riding his motor cycle with his friendThushara Chaminda on the pillion in Pitabeddara (name of a village) area, lorry driven by the 12th Respondent knocked his motor cycle and as a result of this accident both fell on the road with the motor cycle. The Petitioner however states that the 12th Respondent deliberately did the said act due to an argument that took place little prior to this incident between the two of them. After the said accident the 12th Respondent fled the scene. Thushara Chaminda sustained serious injuries
due to the accident. Thereafter Officer-in-Charge of Pitabeddara Police Station late Mr.Karunasena with the 1st to the 9th Respondents and 12th Respondent arrived at the scene of incident. Thereafter the said officers started assaulting the Petitioner and his friend without any reason. Whilst the Petitioner was being assaulted he pleaded for some water then the 12th Respondent opened the mouth of the Petitioner and poured some liquid into his mouth. The Petitioner having realized that this liquid was acid threw it away….””

In my view the other Police Officers (1st to 10th respondents) have assisted the OIC Pitabeddara late Mr. Karunasena in discharging his duties and when the OIC took a decision to detain the Petitioner in his custody they could not have gone against the decision of the OIC. For the aforementioned reasons, it is difficult to conclude that the 1st to 10th Respondents have violated the fundamental rights of the Petitioner. I therefore hold that the 1st to 10th Respondents are not guilty of violating the fundamental rights of the Petitioner.

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