S. G. P. Dilshan Tilekeratne and Mother vs. Sergeant Douglas Ellepola and others. SC/FR No. 578/2011

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The 1st Petitioner was a minor 15 years of age and the 2nd Petitioner was his mother at the time of filing this Fundamental Rights Application. 1st Petitioner by his application complains of illegal arrest, detention and torture by the 1st to 4th Respondents all being Constables/Inspectors of Police station, Yatawatta. It is pleaded that on or about 25.06.2011 the 1st Petitioner was playing near his house and two other children Sahan and Chathura from the neighbor-hood had brought several items to the house of the Petitioner which includes a
calculator, broken CDMA phone, torch, coconuts and toys which was stored inside the house. On the next date the said Sahan had come to the 1st Petitioner’s house and given him three shopping bags. Petitioners state later on he became aware that these bags were hidden in the vicinity. On or about 30.06.2011, it is stated by the Petitioner that a police party of six from the Yatawatta Police came to the Petitioner’s house and had taken the 1st Petitioner to the police Station for investigations, in spite of the 2nd Petitioner’s protest not to take him to the police. It is pleaded that the 1st Petitioner was threatened and assaulted at the police by the 1st & 2nd Respondents and thereafter handcuffed to a chair (3.30 p.m). At about 8.00 p.m 1st Petitioner was detained inside the police cell and at that time the 2nd Petitioner, visited the police station.

”I am more than convinced, having examined all the material placed before court that the 1st Petitioner was subjected by the 1st to 4th Respondents to torture and cruel, inhuman, degrading treatment, in violation of Article 11 of the Constitution. I allow the Petitioner’s application. He would be entitled to a declaration that his freedom from torture and cruel, inhuman and degrading treatment guaranteed to him under Article 11, has been violated by the above  Respondents. It is just and equitable that the State should pay fair compensation
for humiliation and suffering undergone by the 1st Petitioner. The 2nd Petitioner being the mother of the 1st Petitioner would have suffered mental shock having being made aware of the suffering of her son. It is just and equitable that the State should pay fair compensation to the 1st Petitioner. I direct the Inspector General of Police to pay Rs. 50,000/- as compensation to the 1st Petitioner. I also direct that the Inspector General of Police take appropriate disciplinary action against the 1st to 4th Respondents for their acts of misconduct.”

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