Nandani Kumari, vs Padma Kumari Ekanayak and others SC /FR/ Application No 599/2009

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The Petitioner who is a housewife, was married to one S.M. Abeyrathne a graduate teacher, and was 45 years of age and a mother of 3 children, at the time the alleged incident referred to in the petition was taken place.

According to the Petitioner, an incident had taken place near her house on 27th June 2008 around 2.00 pm with one Padma Kumari Ekanayake when she was trying to dispose the garbage which was collected near her house, which ended up by the said Padma Kumari assaulting the Petitioner with a club. The son and the brother of the Petitioner rescued her from the said assault but her son had received a blow at that time. The Petitioner admits giving few blows to the said Padma Kumari with the Eacle broom she had in her hand to escape from the assault but denies that she had a knife with her at that time. On the same day around 3.30 pm two women Police Constables accompanied by two male Police Constables came to her house in a private vehicle and arrested her and taken to the Raththota Police Station in the same vehicle.

I further direct the 12th Respondent, Attorney General to consider prosecuting the Respondents who are liable to be prosecuted under the provisions of the Torture Act if no steps had been taken so far to prosecute them before the relevant Magistrate’s Court.
Application allowed.

read full judgement here>>

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