JAYASINGHE v. SUB INSPECTOR OF POLICE, JAYAKODY AND OTHERS S.C. APPLICATION NO. 66/97

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The petitioner was arrested by a Sub Inspector of Police on 22.12.1996 for alleged attempt to rob a motor bicycle; but the petitioner was not informed of the reason for the arrest. The Sub Inspector threatened the petitioner with a pistol and ordered a police constable to remove him to the Marawila Police Station. At the police station, the petitioner was handcuffed after which he was slapped by the Officer in Charge of the Police Station. Thereafter, the petitioner was stripped, hung on a beam on the orders of the OIC, chillie powder was applied on his nose and private parts after which two other police officers assaulted the petitioner with a club. He was asked whether he knew about a robbery. The petitioner denied the allegation. He was detained at the Police Station until 26.12.1996 when he was
produced before a Magistrate and remanded. A self serving entry was made in the police book stating that the petitioner was arrested on 26.12.1996. Whilst on remand the petitioner was admitted to the Base Hospital, Negombo and treated for abrasions and contusions all over his body. He was also vomitting and had difficulty of breathing. He was discharged on 06.01.1997. The respondent police officers claimed the injuries to have been caused during the arrest by the use of “minimum force”.

The petitioner was produced before the Acting Magistrate on 26.12.1996.Accordingly the 1st to 4th respondents had kept the petitioner illegally in their custody from 22.12.1996 to 25.12.1996 and I hold that 1stto 4th respondents have violated the petitioner’s fundamental rights guaranteed under Articles 13 (1) and 13 (2). I direct the 1st and 2nd respondents to pay the petitioner a sum of Rs. 3,500/- each as compensation and Rs. 1,000/- each as costs;
the 3rd and 4th respondents to pay a sum of Rs. 1,500/- each as compensation and Rs. 500/- each as costs; the state will pay the petitioner Rs. 2,000/- as compensation and Rs. 1,000/- as costs. In all the petitioner will be entitled to Rs. 12,000/- as compensation and Rs. 4,000/- as costs.

full judgement here

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