PRIYANTHA DIAS v. EKANAYAKE, RESERVE POLICE CONSTABLE. POLICE STATION, POLPITHIGAMA AND OTHERS SC (APPLICATION) NO. 860/99

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The petitioner who is from Homagama was a teacher attached to the Kattamberiya Yaya Vidyalaya, Makulpotha. He was accompanied by the Principal of the school and was on the way to board a bus. At that stage the1st and 2nd respondent Reserve Police Constables came on a motor cycle and questioned the petitioner, including on his place of birth. When the petitioner replied that it was Batdcaloa they said that he must be a tiger and assaulted him despite the intervention of the Principal. They forcibly took the petitioner on the motor cycle. While riding, the 2nd respondent assaulted the petitioner. When they rached a teak forest, the petitioner escaped and later entered hospital. The petitioner had 23 injuries including a laceration on his penis. The respondents said that the petitioner was taken Into custody as there had been robberies in the area; and the petitioner failed to provide details of himself.

the judge direct the 1st and 2nd respondents to pay the petitioner a sum of Rs. 5000/- each as compensation and costs; the State will pay the Petitioner R s.20,000/- as com pensation and costs. In all the petitioner will be entitled to a sum of Rs. 30,000/- as com pensation and costs.

full judgement here

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