Roshan Koitex and Harison alias Tennyson vs. SI Sanjeewa Seneviratne and others SC/FR 158/2008

”The 1st petitioner is the son of the 2nd petitioner. The 1st petitioner has been cohabiting with the 4th respondent for over eight years. The 1st petitioner, who works as a fisherman, had built a temporary hut within 100 meters of the coastal line in close proximity to Police Station Hikkaduwa. His hut was destroyed by the tsunami in 2004. He was subsequently given a house two years after the tsunami by an organization called Kurier Aid Austria. The 1st petitioner and the 4th respondent who lived together for over six years had issues that turned into quarrels regarding various relationship that the 4th respondent was having with the men in the area and as a result of the said disputes the 1st petitioner could not live with the 4th respondent. The 1st petitioner states that the 1st respondent maintains intimate relationship with the 4th respondent. The 1st respondent, on the instigation of the 4th respondent, on several occasions came to arrest the 1 st petitioner. As the 1st petitioner was living in fear of being arrested or assaulted, the 2nd petitioner who is the father of the 1st petitioner on 26.3.2008 took the 1st petitioner to the Police Station Hikkaduwa in order to meet the 3rd respondent, the Officer-in-Charge of the said Police Station. However they could not meet him as he was not available at the Police Station……….

”The 3rd and the 4th respondents have not violated the fundamental rights of the petitioners. The 1st and 2nd respondents have violated the fundamental rights of the 1st petitioner guaranteed by Articles 11, 12(1) and 13(1) of the Constitution. The 1st and 2nd respondents have violated the fundamental rights of the 2nd petitioner guaranteed by Articles 12(1) and 13(1) of the Constitution. The 1st respondent is directed to pay Rs.75,000/- to the 1st petitioner and Rs. 50,000/- to the 2nd petitioner personally. The 2nd respondent is directed to pay Rs. 75,000/- to the 1st petitioner and Rs. 50,000/- to the 2nd petitioner personally. The State is directed to pay Rs.100,000/- to the 1st petitioner and Rs 50,000/- to the 2nd petitioner. The aforesaid sums should be paid within two months from today. The Registrar of this court is directed to send a certified copy of this judgment to the Inspector General of Police for necessary action”.

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