Dear Mr. C. D. Wickramaratne:
SRI LANKA: Letter to IGP on the police failed to take proper action in the case attempted cutting of the neck and thereby committing attempted murder
Sarath Bundula Ekanayake has complained to the Yakkla Police Station that his neighbour and his wife living next to his premises attempt to sever his neck threatening ‘today, we will cut your neck’. He alleges that the neighbour’s wife is a police officer working at the police headquarters at Peliyagoda.
In an affidavit filed by Sarath Bundula Ekanayake, he states as follows:
“On 28th of January, which was a Poya Day, I was living with my wife and son in our house situated at, Ebulgoda, Upper Ebulgoda, 1/43. On that day, at 9.30 am, I went to pluck some curry leaves (Karapincha) from our tree on our property. As the tree was somewhat taller, I used an aluminum ladder to climb and pluck the leaves. My wife was with me on the ground collecting the leaves I was plucking before they fell to the ground.
To the right side of our house, there is the house RM Dharmadasa who lives with his wife Devika Rupasinghe and their two children. Over a period of time, there had been some conflicts between our family and theirs.
While I was plucking the curry leaves, the said Devika Rupasinghe, the wife of RM Dharmadasa shouted “there, look at that fellow. Bring the Kekkka (stick with the sharp metallic hook). This was said loudly. Her husband took a long stick which was there to which a sharp blade was attached. Dharmadasa said that ‘“today I will cut your neck and push the stick with the sharp blade towards my neck and when it was reaching my neck I ducked.
At that point, the blade made a sharp cut on my left arm closer to my fingers and I began to bleed.”
At that stage, Ekanayake’s wife intervened and took him immediately to the hospital where he was immediately treated.
Police Neglect to investigate the matter: All these matters were complained to the Yakkala Police Station and the document given by the hospital regarding my injuries were also produced to the police. The police recorded a statement bearing number CIB 2 16/247.
However, the police officers did not come to visit the place of crime or take down any material evidence such as the Kekkka (stick with the sharp metallic hook) used to attack me or to take any notes of the evidence left in the crime scene.
The police also failed to arrest the two accused Mr. Dharmadasa and his wife Devika Rupasinghe.
Mr. Ekanayake stated that from previous examples, he was aware that because the said Devika Rpasinghe is a police officer attached to Peliyagoda Police Headquarters, the police officers of Yakkala Police Station are partial towards her and her family. He added that it was only on her instruction that they have acted unjustly and illegally to favour her. That was the reason he believed that they failed to take action again in this instance.
After several reminders to the police officers, finally, the Kekkka (stick with the sharp metallic hook) was taken into the police custody. Then Mr. Ekanayake and his wife were asked to come to Magistrate’s court at Gampaha stating that Mr. Dharmadasa and Devika Rupasinghe would be produced before the magistrate. However, despite he and his wife with a lawyer staying at the magistrate’s court all the day the said two suspects were not produced before the magistrate’s court.
Thereafter, Mr. Ekanayake visited the Senior Superintendent of the Police (SSP) of the area about this matter and sought their intervention. He found that the Yakkala police station has given false information to the superiors about the incident and these higher officers were also reluctant to act on the basis of his complaint.
After his complaint of this inaction, finally the SSP promised to take action on the matter and Mr. Ekanayake and his wife were asked to come back to the magistrate’s court the next day. They went accordingly.
However, only Mr. Dharmadasa was produced in court and his wife Devika Rupasinghe who was a direct instigator and accomplice in the crime has not been arrested or produced before the magistrate’s court.
Besides, Mr. Dharmadasa was charged only for causing grievous hurt but not for attempted murder which was the crime that they should have been charged with. They attempted to murder him by cutting his neck but failed.
This matter has also been brought to the attention of superior officers with a specific question why Devika Rupasinghe is not arrested and charged. Mr. Ekanayake asked the police officers whether this was because she is a police officer herself and they are all engaged in sabotaging the criminal inquiry and trying to protect the culprits as they have done many times earlier.
Mr. Ekanayake states that it was on the instructions of Devika Rupasinghe that her husband took the Kekka and she stood by her husband while this crime was attempted and kept on encouraging her husband to cut Mr. Ekanayake’s neck.
Asian human rights commission.