JAYASINGHE vs SAMARAWICKREMA AND OTHERS S.C. APPLICATION NO. 157/91

The petitioner was arrested on 23.07.91 (though Police gave the date as 06.06.91) and taken to the Eheliyagoda Police Station, and questioned about suspected links there until 07.08.91, when he was taken to the Deraniyagala Police Station where he was tortured. The petitioner had disappeared after 23.07.91. On learning he was at Eheliyagoda Police Station the petitioner’s mother and father had visited him daily at the Police Station, Eheliyagoda between 26.07.81 and 07.08.91 and there he had not been assaulted. On 29.07.91 the petitioner’s mother had complained to the International Red Cross. The I.G.P. had informed the petitioner’s mother that  the petitioner had been arrested on 23.07.91 for subversive activities by the Eheliyagoda Police and handed over to the Deraniyagala Police on 06.08.91 for further investigations.

The Judgement was Relief granted. I direct the State to pay the petitioner a sum of Rs. 18,500/- (Rupees Eighteen Thousand Five Hundred) and costs in a sum of Rs. 1,500/- (Rupees One Thousand Five Hundred). The 3rd respondent is directed to pay the petitioner a sum of Rs, 7,000/- (Rupees Seven Thousand). The 4th respondent is directed to pay the petitioner a sum of Rs. 5,000/- (Rupees Five
Thousand) and the 5th respondent is directed to pay the petitioner a sum of Rs. 8,000/- (Rupees Eight Thousand). The petitioner will thus
be entitled to a total of Rs. 40,000/- (Rupees Forty Thousand) as compensation and costs.

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