DISSANAYAKE, ATTORNEY-AT-LAW ON BEHALF OF K. M. LAL v. SUJEEWA, SUB INSPECTOR OF POLICE, MEETIYAGODA POLICE STATION AND OTHERS S.C. APPLICATION NO. 524/96

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At the time this application was filed the victim Lai was unconscious. Subsequently he tendered an affidavit. It was alleged that close to midnight on 02. 06. 1996 when he was sleeping in his house, the 1st respondent and other police officers arrived and arrested him. He was taken to the Meetiyagoda Police station. In the early hours 03. 06. 1996 the 1st respondent assaulted him with hands and feet and a club when he lost consciousness. Later that day the police admitted the victim to Batapola hospital. As per hospital record, the patient was unconscious. On 04! 06. 1996 he was transferred to the National Hospital Colombo at which stage also he was unconscious, with paralysis of the right side of the body. A CT scan disclosed an extra-dural haemorrage in the left parietal area of the victim’s head. That injury was fatal in the ordinary course of nature but he recovered after surgery and the removal of the extra-dural haemorrage. Even thereafter he had a weakness of the right side of the body. The respondents averred that the
victim was arrested at 12. 15. p.m. on 03. 06. 1996 on a complaint that he with others had threatened to cause bodily harm to one Yasawathie and that after the arrest, he told the police that one Tillakaratne had struck him on the head
with a club.

therefore the judge held that the arrest and the detention of the petitioner by the 1st respondent are unlawful and violative of the petitioner’s fundamental rights guaranteed under Articles 13 (1) and 13 (2) of the Constitution. the judge award the petitioner compensation in a sum of Rs. 50,000 payableby the State. The petitioner will also be entitled to a sum of Rs. 5,000 as costs from the State. The 1st respondent will pay Rs. 5,000 personally, as compensation to the petitioner. In all the petitioner will be entitled to Rs. 60,000 as compensation and costs. This amount must be paid within three months from today.

full judgement here

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