Suppiah Sivakumar vs ergeant Jayaratne and others SC. FR. No. 56/2012

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On 15th May 2011 around midnight, the Petitioner had been in the vicinity of the Bambaragala Junction with his wife and his daughter to watch Theru celebrations. Around 1. 30 am, a riot had broken out in the area and as the Petitioner made haste to take his wife and daughter to safety, he alleges that he was assaulted by the 1st to 3rd Respondents with a club. The Petitioner had also alleged that he was subjected to
continuous verbal and physical abuse for about 20 minutes by the said Respondents.

The Petitioner is entitled to the declaration that his fundamental rights of freedom from torture and cruel, inhuman and degrading treatment guaranteed to him by Article 11 and the right to equal protection of law under Article 12 (1) of the Constitution have
been violated by the 1st to 3rd Respondents, I allow the Petitioner’s application and direct the State to pay Rs. 20,000/- , and the 1st ,2nd and 3rd Respondents to pay Rs. 25,000/- each as compensation to the Petitioner.

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