Dodampe Gamage Asantha Aravinda vs Atapattu (21899) Police Sergeant, Police Station, Pitabeddara, Bandu Saman (64017) Police Constable, Police Station, Pitabeddara and another | No:26/2009

The Petitioner, by this petition, inter alia, seeks a declaration to the effect
that his fundamental rights guaranteed under Article 11,12(1),13(1) and 13(2) of
the Constitution have been violated by the Respondents . This Court by its order
dated 11.2.2009, granted leave to proceed for alleged violation of Article 11 and
12(1) of the Constitution. The Petitioner in his petition alleges the following facts.
When the petitioner on 28.2.2008 riding his motor cycle with his friend
Thushara 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.

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