S E N A D E E R A , IN SP EC TO R OF P O LIC E , P U LM U D D A I P O LIC E STATION vs LT. SIY A S IN G H E A N D O TH E R S SC APPLICATION No. 263/2001 (FR)

The petitioner police officer complained that when he and his wife (President, Police Seva Vanitha Movement) were having lunch, the first and second respondents (army officers of the Kokilai Camp) together with soldiers of the Kokilai Camp arrived, kicked their plates and took the petitioner away in a truck, assaulted him and later chased him away. In his counter affidavit the petitioner said that there were other uniformed police officers accompanying him but there was no affidavit from any officer to support this, except his wife’s affidavit. The 3rd to the 5th respondents were soliders and the 6th respondent was the Army Commander. The evidence was contradictory except that there appears to have been a clash between the police and the army when the police were stopped from entering Kokilai village. The petitioner was produced before a medical officer according to whose report there were no major injuries. The petitioner decided not to enter the hospital for further treatment. The 1st and 5th respondents and 10 others were prosecuted before a Magistrate, but the case was withdrawn on the advice of the Attorney-General. In the
course of the Supreme Court proceedings, the 3rd, 4th and 5th respondents
were discharged.

inhuman and degrading treatment thereby infringing the provisions of Article 11 of the Constitution or that the respondents infringed the petitioner’s rights to equal protection as contemplated in the provisions of Article 12(1) of the Constitution or that the petitioner was subjected to any discrimination as provided for in Article 12(2) of the Constitution.

full judgement here

Social Sharing

Related posts

Leave a Comment

CAPTCHA