NALIKA KUMUDINI, ATTORNEY-AT-LAW, (ON BEHALF OF MALSHA KUMARI) v. NIHAL MAHINDA, O.I.C. HUNGAMA POLICE AND OTHERS S.C. APPLICATION (F.R.) NO. 615/95

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Malsha Kumari a 14 year old girl was arrested at her house by police officers of the Hungama Police Station. She was questioned about the theft of a gold chain and assaulted by Police Officers both at the time of her arrest and at the Police Station. The 1st respondent, officer- in-charge of the Police Station, assaulted her with a hose-pipe and trampled her. Thereafter her hands were tied behind her back and she was hung on a tree with a rope. While she remained hung the 1st respondent beat her with a hose-pipe. Four other officers joined in the assault. She sustained injuries on her body and the spine. She also had injuries on both wrists caused when she was tied and hung.

On all three days the petitioner was present, but Somasiri was not, and three orders were made for the issue of a warrant. On the next day, 18.9.96 Somasiri as well as the petitioner were absent, and another order was made for the issue of warrants against both. The record does not show that the Police were asked, on any of these dates, why Somasiri had not been arrested and produced in Court. No steps were taken to inquire into the other two disputes. There was cause for the petitioner’s belief that those proceedings were instituted to harass her. The record has been returned to the Magistrate’s Court which will, no doubt, expedite the proceedings.

full judgement here

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