DISSANAYAKE v. PREMARATNE, INSPECTOR OF POLICE, NUWARA-ELIYA S.C. (SPECIAL) NO. 117/97 WITH S.C. APPLICATION NO. 858/97

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On a message sent by the Police, the petitioner called over at the Nuwara-Eliya Police Station at about 3 p.m. on 8.5.1997 with his wife, petitioner in S.C. Application No. 858/97. They were detained at the Police Station until 5.30 p.m. on 9.5.1997 without being produced before a Magistrate when they were released
on Police bail. The 1st respondent Inspector of Police and the 2nd, 4th and 5th respondents who were subordinate officers subjected the petitioner to torture on both days. His hands and feet were tied together. A pole was inserted through his hands and legs after which he was assaulted with a club whilst he remained in that position. He was also hung up and assaulted with batons. Water was poured on him; and he was kicked by two officers. In between the petitioner’s house was searched and he was questioned about an alleged theft of goods whichhe denied. He was  admitted to the Base Hospital, Nuwara-Eliya, for treatment. According to the medical report, the petitioner vomitted twice. He was blood stained. He had chest pain and had abrasions and contusions all over his body.

There is no evidence to show that what took place at the Police Station between the Police Officers and the petitioners were with the connivance of the 3rd respondent. Also there is nothing to show that the 3rd respondent had derived any benefit from the actions taken by the respondents. Accordingly supreme court make no order against the 3rd respondent.

I direct the 1st and 2nd respondents to pay Rs. 7,500/- each as compensation and Rs. 2,500/- each as costs; the 4th and 5th respondents to pay Rs. 2,500/- each as compensation and Rs. 1,000/- each as costs to the petitioner in SC (Special) No. 117/97. The State will pay him Rs. 3,500/- as compensation and Rs. 2,000/ – as costs. In all he will be entitled to Rs. 23,500/- as compensation and Rs. 9,000/- as costs. I also direct the 1st respondent to pay Rs. 5,000/- as compensation and Rs. 1,500/- as costs to the petitioner in SC (Application) No. 858/97. The State will pay her Rs.
2,000/- as compensation and Rs. 1,000/- as costs. In all she will be entitled to Rs. 7,000/- as compensation and Rs. 2,500/- as costs.

full judgement here

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