Chadik Shaman (42), who died of a police assault after being arrested by the Peliyagoda Police on February 25, 2017. Chadik Shamen, a father of two, was illegally arrested by a group of plainclothes police officers of Peliyagoda police without filing any charges. The next day, his wife received a phone call informing that Chadik was dead. Later, at the post-mortem examination at the Colombo National Hospital, the JMO had told to Chadik’s wife that the body had been subjected to severe torture and that the death had occurred as…
Read MoreTag: important judgements
Kanda Udage Malika Vs D.M. Aberathna and others SC/ FR/ 157/2014
On the May 7, 2014 Sandun Malinga, a 17 year old boy and four others with him were beaten by police officers, arrested and detained at the Kandaketiya police in the Badulla district. Sandun and the other four were taken to the District Medical Officer (DMO), brought back to the police, taken to a Magistrate and remanded in the Badulla remand prison in the evening. The following day, May 9, around 5.30 am his brother who had been also remanded saw Sandun panting and struggling for breath and alerted the…
Read MoreSRI LANKA: A Sister’s 20 Year Long Struggle For Justice For Her Brother Killed By The Police
On the universal day for torture victims, this year, a book will be launched by The Right to Life organization working in collaboration with the AHRC on a long standing case, which is continuing in courts, regarding a man who was killed extra-judicially, inside a Police station. The author of the book is Amitha Priyanthi, the younger sister of the deceased. When the death took place after her brother was kept at a police station for five days, she was just a school going girl. However, the shock of this…
Read MoreSC orders policemen to pay for youth’s death after assault
The Supreme Court has ordered six police personnel at the Kandaketiya Police Station to pay compensation of Rs.300,000 to a mother of a 17-year-old deceased son who died after being assaulted by police personnel in 2014. The Supreme Court further ordered the six respondents to pay Rs.60,000 to the petitioner in lieu of litigation costs. The six respondents have been found guilty of murder of the deceased, being members of an unlawful assembly and they were sentenced to death by the Badulla High Court in a judgement dated January 9,…
Read MoreJayantha Aberathna vs Chief Inspector B.W.C. Dharmaratna and others SC(FR) No. 222/2014
The Petitioner in this case complains that he was arrested on 21.06.2013 by the 1st Respondent who is the Officer-in-Charge of the Police Station, Teldeniya. He was later produced before the Magistrate, Teldeniya as a suspect for stealing eleven pieces of sandalwood from the Magistrate’s Court of Teldeniya. He was a Civil Security Guard attached to Teldeniya Police Station. The Petitioner further complains that after the arrest he was assaulted by the 1st Respondent. Petitioner tries to support the assault launched by the 1st Respondent by his wife’s affidavit marked…
Read MoreRajapaksha Pathirage Justin Rajapaksha vs. Prasanna Rathnayake and other police officers SC/FR 689/2012
”The petitioner by this petition, inter alia, seeks a declaration to the effect that his fundamental rights guaranteed under Article 11,12,13(1) and 13(2) of the Constitution have been violated by the 1st to 5th and/or 6th and/or 8th Respondents. This court, by its order dated 12.2.2013, granted leave to proceed for alleged violations of Article 11 of the Constitution against 1st to 6th Respondents; for alleged violations of Article 13(1) and 13(2) of the Constitution against the 1st Respondent and for alleged violations of Article 12(1) of the Constitution against…
Read MoreSuppiah Sivakumar vs ergeant Jayaratne and others SC. FR. No. 56/2012
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…
Read MoreMananadewage Shifani and others vs W.A. Somaratne Wijayamuni, and others S.C. (F.R.) Application No.368/2012
The petitioners, by this petition, seek a declaration that their fundamental rights guaranteed by Articles 11, 12(1), 13(1) and 13(2) of the Constitution have been violated by the respondents. This Court, by its order dated 15.12.2012, granted leave to proceed for alleged violation of the fundamental rights guaranteed under Articles 12(1), 13(1) and 13(2) of the Constitution. ”Petition dismissed. For the aforementioned reasons, I dismiss the petition of the petitioners. In all the circumstances of this case I do not order costs.” Read the full judgement>>
Read MoreJayalath Perera vs Jagath Nishantha, Sub Inspector of Police and others SC. Application FR. No 319/2012
The Petitioner, in his amended petition, further states that he was assaulted and tortured by the 1st , 3rd and 5 th Respondents at the Divisional Crime Investigation Unit. He, in paragraph 10 of the affidavit filed in this Court, states that the assault/torture at the said Divisional Crime Investigation Unit was witnessed by G.A. Hemantha Perera and G.A. Rathnasiri Perera who were his brothers. But surprisingly the said Hemantha Perera and Rathnasiri Perera in their affidavits marked P8 and P9 do not support the said version of the Petitioner.…
Read MoreKankanamge Nalin and Kankanamge Nalin vs Kamalsiri and others S.C(FR) No. 599/2011
His wife’s complaint is that she was assaulted by the 2nd and 3rd Respondents. Although she says in her affidavit that she suffered unbearable pain in the abdomen. Dr. who examined her on the day of the alleged incident has made the following observations. “No head injuries, no E.N.T. bleedings, no vomiting and no abdomen pain”. Therefore we feel that her complaint of assault has also not been supported by medical evidence. Both stories narrated by the 1st Petitioner and the 2nd Petitioner have not been presented with high degree…
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