Hapugodage Jagath Perera vs. Gothami Ranasinghe and other police officers SC/FR 1006/2009

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The Petitioner who is running a business called Ranga Sweet has employed several employees one of whom is Asanka Sanjaya Kumara. On 17.11.2009 he accompanied Asanka Sanjaya Kumara to Mirigama Police Station as the said person had been noticed to appear at the Police Station for an inquiry on a complaint made by the wife of Asanka Sanjaya Kumara who was living inseparation from her husband. It has to be noted here that the Petitioner had not been noticed by Mirigama Police Station but he went to the Police Station only to offer his assistance to his employee………….

… When the Petitioner started leaving the inquiry room, the 2nd Respondent took him inside the Police Station building and assaulted him as a result of which he fractured his teeth. In fact one tooth fell on the ground. Thereafter the Petitioner was put inside police cell. When Asanka Sanjaya Kumara came near the police cell, the Petitioner told him that the 2nd Respondent assaulted him and broke his teeth.

…The 2nd Respondent is now dead. The question that remains for consideration is whether the State should pay compensation to the petitioner for the violation of his fundamental rights by the 2nd Respondent. The 2nd Respondent violated the fundamental rights of the petitioner when he wasfunctioning as a Police Officer in the course of his official duties. I therefore hold that the State should pay compensation ordered by this Court. The petitioner has suffered permanent damages as he has lost his teeth. When I consider all the aforesaid matters, I hold that the petitioner is entitled to receive a sum of Rs.500,000/- from the State as compensation. I order that the State should pay this amount. I direct the Inspector General of Police (the 4th Respondent) to take steps to ensure the payment of this amount to thepetitioner.

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