Category: Judgements

Supreme Court Finds Rights Violation by Excise Officers, Orders Personal Compensation

Colombo, Sri Lanka — The Supreme Court of Sri Lanka has ruled that the fundamental rights of a restaurant owner in Midigama were violated by seven officers of the Excise Department, ordering them to pay compensation from their personal funds. The judgment, delivered on the 11th, directed the seven officers named as respondents to pay a total of Rs. 525,000 to the petitioner within three months Rs. 75,000 each. The petition was filed by Dinesh Priyadarshana Dodangoda, the owner of a restaurant in the Midigama area. He alleged that between…

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Supreme Court Rules Torture by Payagala Police Violated Fundamental Rights

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…

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Negombo High Court Sentences Three PNB Officers to 7 Years for Torture

Negombo, Sri Lanka — The Negombo High Court has sentenced three officers attached to the Police Narcotics Bureau (PNB) to seven years of rigorous imprisonment each for the brutal assault and torture of a suspect during a drug raid. The judgment was delivered by High Court Judge Kavindya Nanayakkara on the 13th. The convicted officers include Sub-Inspector Asanga Ramesh Amarasinghe and Police Constables Aruna Dinesh and Thilina Udayanga. Court proceedings revealed that the incident occurred in November 2018. The victim, Seeni Mohammad Nauker Nadeep, had been arrested along with his…

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Supreme Court Orders Thambuttegama Police Officers to Personally Pay Rs. 1.2 Million to Assault Victim

In a landmark judgment that reinforces the importance of accountability in law enforcement, the Supreme Court of Sri Lanka has ordered six police officers attached to the Thambuttegama Police to pay Rs. 1.2 million in compensation to a youth who was brutally assaulted during a protest in 2012. The compensation must be paid personally by the officers, marking a rare instance where law enforcement officials have been held individually liable for the violation of fundamental rights. The Court also instructed the Attorney General to examine the possibility of initiating criminal…

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contempt of court and legal framework

The Asian Human Rights Commission (AHRC) is a regional human rights organization. The organization seriously monitored and studied the law on contempt of court and its application in Sri Lanka. The AHRC is deeply concerned about the violation of Sri Lankan Constitution, which is in line with international law, by depriving the accused of the protection of the law. The AHRC pays special attention to the interpretation of international law as well as the Constitution of Sri Lanka by Article 105 (3) of the Constitution of Sri Lanka. The logic…

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Jayamuni Anuradha Nilmini Vijesekara Vs .Sumedha Thushanga and others SC (FR) 449/2017

Chadik Shaman (42), who died of a police assault after being arrested by the Peliyagoda Police on February 25, 2017. Chadik Shamen, a father of two, was illegally arrested by a group of plainclothes police officers of Peliyagoda police without filing any charges. The next day, his wife received a phone call informing that Chadik was dead. Later, at the post-mortem examination at the Colombo National Hospital, the JMO had told to Chadik’s wife that the body had been subjected to severe torture  and that the death had occurred as…

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Kanda Udage Malika Vs D.M. Aberathna and others SC/ FR/ 157/2014

On the May 7, 2014 Sandun Malinga, a 17 year old boy and four others with him were beaten by police officers, arrested and detained at the Kandaketiya police in the Badulla district. Sandun and the other four were taken to the District Medical Officer (DMO), brought back to the police, taken to a Magistrate and remanded in the Badulla remand prison in the evening. The following day, May 9, around 5.30 am his brother who had been also remanded saw Sandun panting and struggling for breath and alerted the…

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Hewa Maddumage Karunapala and others Vs Jayantha Prema Kumara Siriwardhana and others SC/FR/97/2017

The fundamental rights petition was filed by the parents of the 15-year-old victim, Hewa Maddumage Karunapala and Pallekkamkanamlage Dona Kumuduni against six persons including teacher Jayantha Premakumara Siriwardana and principal M. Leelawathi. The child petitioner was slapped across the face by Mr. Siriwardhana, teacher- in -Charge of discipline and sectional head of Puhulwella College. The action had resulted in the student a ruptured eardrum and permanently losing his hearing ability in the left ear.  Considering the petition, affidavit and written submission of the petitioners and the respondent as well Supreme…

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Leelawathie Hariot Perera and others vs. N.K. Illangakoon, Inspector General of Police, and others SC /FR/ Application No 372/2015

As submitted on behalf of the Petitioners, one Rumesh Liroshan Fernando who was only 20 years at the time of his untimely demise, was a victim of a stabbing which took place on 24th October 2010. The victim had succumbed to his injuries at Kalubowila Hospital, and the Police Officers 3 who investigated into the death of the above named deceased, had reported the facts before the Hon. Magistrate of Moratuwa on 25.10.2010 under B Report No 1677/10. The 4th Respondent to the present application namely Widanalage Amesh Asantha de…

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Naomi Michelle Cokeman vs The Hon. Attorney General Attorney General’s Department S.C (FR) Application 136/2014

On the day in question as pleaded Petitioner arrived in Sri Lanka at the Katunayake airport. All official steps as clearance from Customs AND Immigrations were attended and was permitted entry. She proceeded towards the exit of the airport. Petitioner was approached by a taxi driver called ‘Kelum’ who was later identified and another bystander informed her that the tattoo she was displaying on her right arm is objectionable in Sri Lanka. Thereafter another person claiming to be a member of the Civil Defence Force came to the scene and…

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