K.H.G. Kushan Indika, vs Christy Leonard Ranjan Wijesekera, Officer-in-Charge,J.M. Karunaratne, Superintendent of Police, S.C. (FR) Application No. 129/2007

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The petitioner, who was a Driver attached to the Sri Lanka State Plantation Corporation, had complained that his fundamental rights guaranteed in terms of Articles 11 and 13(1) of the Constitution were violated by the 1st respondent for which this Court had granted leave to proceed. The petitioner’s complaint, as submitted by him, albeit brief, is as follows: The petitioner had to report for work usually at the Head Office of the Sri Lanka Plantation
Corporation situated at Vauxhall Street, Colombo 02 and as he was from Niyagama, Talgaswatta, for his convenience he had been staying with a family known to him at Park Avenue in Colombo 08.

Accordingly the physical assault combined with the actions of the 1st respondent, when taken together were capable of humiliating the petitioner for no fault of his and I therefore hold that the 1st respondent had violated the petitioner’s fundamental right guaranteed under Article 11 of the Constitution by the subjection of the petitioner to degrading treatment. For the reasons aforementioned I hold that the 1st respondent had violated the petitioner’s
fundamental rights guaranteed in terms of Articles 11 and 13(1) of the Constitution. The 1st respondent is directed to pay personally to the petitioner a sum of Rs. 50,000/- as compensation and costs. This amount to be paid within three (3) months from today. The Registrar of the Supreme Court is directed to send a copy of this Judgment to the
Inspector-General of Police.

full judgement here

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