RIFAIDEEN v. SUB-INSPECTOR OF POLICE JAYALATH, WELLAWATTE POLICE STATION AND OTHERS SC (SPL) NO. 71/96

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The petitioner who was 59 years old, was a “broker* by profession. He has averred that on 27.05.1996, the 1st respondent with some other police officers attached to the Police Station, Wellawatte, took him into custody while he was travelling from Panadura to Colombo. The petitioner alleges that he was taken to the Police Station and was assaulted by the 1st respondent at the instigation of the 2nd respondent. The allegation is that the petitioner was assaulted with sand filled S-lon pipes and he thereby sustained injuries to his head, eyes, legs and hand. He complains that owing to this assault his right index finger was fractured. He cannot use his finger at present and he suffers from frequent “head and muscle pain”. This Court granted leave to proceed in respect of the alleged infringement of Article 11.

supreme court is not inclined to accept the submission for the 1st respondent
that the petitioner has sustained the said injuries by reason of the fall from the 6 foot wall. The medical report, in my view, supports the version of the petitioner that he sustained the said injuries owing to the assault by the 1st respondent at the Police Station, Wellawatte. supreme court accordingly hold that the 1st respondent has violated the fundamental right of the petitioner guaranteed by Article 11 of the Constitution. supreme court direct the State to pay Rs. 20,000/- and the 1st respondent to pay personally Rs. 20,000/- to the petitioner as compensation. In all
the petitioner would be entitled to a sum of Rs. 40,000/- as compensation.

Full judgement here

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