KUMARA VS. SILVA, SUB-INSPECTOR OF POLICE, WELIPENNA AND OTHERS SC(FR) APPLICATION No. 121/2004.

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Petitioner who claimed to be an artisan who agreed to paint the police emblem for the Independence Day Celebrations was taken to the Welipenna Police on 03.02.2004 at about 8.30 a.m. by the 1st respondent sub inspector in a jeep. He said that on the way he was assaulted by the 1 st respondent who also arrested one Don Shantha. He sustained injuries. At the Police Station the petitioner was taken to the 1st respondent’s room and assaulted with a wicket on his shoulders, neck, arms and knees over 80 times The 1st respondent introduced a hand grenade and forced the petitioner to place his thumb impression on wax and to sign a statement falsely. Around
5.30 p.m. on 06.02.2004, the petitioner was produced before the Magistrate and was remanded.

On a consideration of the totality of the circumstances of this application  hold that the petitioner has not been successful in establishing the violation of Articles 13(1) and 13(2) of the Constitution. However, hold
that the 1st respondent had violated the petitioner’s fundamental right guaranteed in terms of Article 11 of the Constitution.  direct the 1st respondent to pay the petitioner a sum of Rs. 5,000 personally as compensation and costs and the State to pay a sum of Rs. 20,000 as compensation and costs. Accordingly, the petitioner will be entitled to a total sum of Rs. 25,000 as compensation and costs.

full judgement here

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