Chaminda Sampath Kumara vs Sub Inspector Salwatura, and others SC FR Application No. 244 / 2010

Chaminda Sampath Kumara was 31 yrs. He was a labourer. He has had no previous conviction of any offence or even a complaint against him prior to the incident which is the basis of the case in hand. He has come before this court complaining about his arrest by the Police and how much of physical and mental pain he had to go through until he was produced before the Magistrate. He has sought relief in respect of violation of his fundamental rights guaranteed by and under the Constitution. This court has granted leave to proceed under Articles 11,
13(1) and 13(2) of the Constitution.

I order that compensation of Rs. 500,000/- be paid to the Petitioner by the 1st 3 rd, 4th and 5th Respondents, each one paying Rs.125000/- personally to the Petitioner. I order that the State should pay to the Petitioner a further sum of Rs. 500,000/- for and on behalf of the 6th Respondent who had totally failed to keep any control over the police officers and/or allowed them to do the wrongful acts to the extent it was done at the Bandaragama police station. I further order that costs of suit also be paid by the State.

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