The petitioner was travelling in a Puttalam bound bus when a passenger boarded the bus with a lighted cigarette. When the conductor of the bus attempted to stop the smoking, the passenger retaliated by using obscene language. At that stage the petitioner intervened. Then also the passenger retaliated by using obscene language. When the bus reached the Puttalam bus stand the passenger challenged the petitioner. The petitioner attempted to escape but the passenger assaulted the petitioner repeatedly. Thereafter, the petitioner visited the Puttalam Police Station and complained to the OIC, the 3rd respondent who arranged to have the petitioner’s complaint recorded. At that stage it was found that the passenger who assaulted the petitioner was the 1st respondent police officer. Whereupon, the 3rd respondent assaulted the petitioner and directed a Police Officer to lock him up, in a cell, which was done. Thereafter the petitioner was removed from the cell when the 2nd respondent, a police constable also assaulted him. Consequently, the petitioner was hospitalised where he was treated for his injuries.
the judge saw no reason to doubt the truth of the story narrated by the petitioner in regard to his arrest and unprovoked assault upon him by the 2nd and 3rd respondents at the Police Station. he held, therefore,
that upon an evaluation of the material placed before this Court the petitioner has established that his fundamental rights protected by Articles 11, 13 (1) and 13 (2) of the Constitution have been infringed
by the 1st, 2nd and 3rd respondents. he would accordingly direct the 3rd respondent to pay the petitioner a sum of Rs. 20,000/- as compensation. The 1st and 2nd respondents will also pay the petitioner
a sum of Rs. 7,500/- each. The 1st, 2nd and 3rd respondents will jointly pay the petitioner the costs of this application fixed at Rs. 6,000/-. the judge also direct the state to pay a sum of Rs. 15,000/- as compensation to the petitioner.
