Rathnasiri Fernando vs Police Sergeant Dayarathna and others SC (F/R) Application Vs. No: 514/2010

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On 09-08-2010 at around 3.30pm, when the Petitioner was at his place of work, the 1st and 2nd Respondents clad in civil had come on a motor bike and asked for toddy. The Petitioner has said he did not have toddy for sale. The Petitioner alleged that the 1st and the 2nd
Respondents smelt of liquor at that time. The 1st and 2nd Respondents insisted that they be given a bottle of toddy and when the Petitioner indicated he does not have toddy, the 1st and 2nd Respondents have threatened the Petitioner and said “how dare you say you don’t have toddy. We are from the police.

I determine and hold that the Petitioner has established that his Fundamental Right of Freedom from torture and cruel, inhuman and degrading treatment guaranteed to him under Article 11 of the Constitution and the Right to Equal Protection of Law guaranteed under Article 12 (1) of the Constitution have been violated by the actions of the 1st and 2nd Respondents. I allow the Petitioner’s application and direct the State to pay to the Petitioner Rs.100,000 as compensation and costs fixed at Rs. 25,000. I also direct the 1st and 2nd Respondents
to pay personally Rs. 50,000 as compensation from each of them respectively to the Petitioner.

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