SC 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,…

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FTZ අරගලයට වසර 10ක් : වියරු මර්දනයක් දෙස ආපසු හැරී බැලීමක් – දුලාන් දසනායක

2011 වර්ෂයේ වෙසක් මාසයේ අවසානය කටුනායක නිදහස් වෙළද කලාපයට යහපත් කාලයක් නොවුණි. මැයි මාසය තුළදී කටුනායක නිදහස් වෙළද කාලාපය ඇතුළු සියළු වෙළද කලාපයන් තුළ කම්කරු අරගල වර්ධනය වූයේ පෞද්ගලික අංශයට විශ්‍රාම ප්‍රතිලාභ අරමුදලක් සැකසීම අරමුණු කර ගනිමින් රජය විසින් පනත් කෙටුම්පතක් පාර්ලිමේන්තුවට ඉදිරිපත් කිරීම හේතුකොට ගෙනය. මෙම පනත් කෙටුම්පත තුල විශ්‍රාම වැටුප් අරමුදලක් පිළිබඳව සදහන් වූවත් මෙහි අරමුණ පෞද්ගලික අංශයේ සේවකයන්ගේද මුදල් වලින් සැකසුණු සේවක අර්ථ සාධක අරමුදල කොල්කෑම බවයි සේවක වෘත්තීය සමිති වල අදහස වූයේ. එවකට පැවැති මහින්ද රාජපක්ෂ ජනාධිපතිවරයාගේ රජය පාර්ලිමේන්තුවේ 2/3 ක බලයක් සහිතව සිටි රජයක් වූ…

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Corporal Punishment as a method of discipline is ineffective – Supreme Court of Sri Lanka

Supreme Court of Sri Lanka ruled on 12th February 2021 that the teacher-in-charge of discipline of Puhulwella Central College of Matara district is guilty of violating the fundamental rights of a student by beating a student and causing a ruptured eardrum. Accordingly, the teacher was ordered to pay Rs. 150,000 personally while the government was ordered to pay Rs. 500,000 to the student within six months. The fundamental rights petition was filed by the parents of the 15-year-old victim, Hewa Maddumage Karunapala and Pallekkamkanamlage Dona Kumuduni against six persons including…

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Hewa Maddumage Karunapala and others Vs Jayantha Prema Kumara Siriwardhana and others SC/FR/97/2017

The fundamental rights petition was filed by the parents of the 15-year-old victim, Hewa Maddumage Karunapala and Pallekkamkanamlage Dona Kumuduni against six persons including teacher Jayantha Premakumara Siriwardana and principal M. Leelawathi. The child petitioner was slapped across the face by Mr. Siriwardhana, teacher- in -Charge of discipline and sectional head of Puhulwella College. The action had resulted in the student a ruptured eardrum and permanently losing his hearing ability in the left ear.  Considering the petition, affidavit and written submission of the petitioners and the respondent as well Supreme…

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SHORT ANALYSIS ON SENTENCING POLICIES ON TORTURE 2019

The research provides a short-analysis of sentencing policies on Torture in Sri Lanka, specifically the violation of Article 11 of the constitution of Sri Lanka. In the process of analyzing cases from 1981- 2019 we have collected and analyzed 100 judgements from the Supreme Court only. We have included Article 12(1), 13(1) and 13(2), as most often these articles were considered by the Petitioner when filing for breach of Article 11. The judges evaluated each of the 100 cases subjectively on a case by case basis based on the evidence…

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warnakaulasooriya vs Police Sergeant Dayawansa SC. FR. Application No. 431/2010

The Petitioner in his Petition dated 02.08.2010 stated that on or about November 2009 he commenced employment in the “Mangalika Oil Mill” owned by Rukman Narasinghe of Karukkuwa, Madampe situated at Galahitiyawa, Madampe as a Machine Operator (Labourer). The Petitioner averred that his residence was situated approximately 400 Meters away from the aforesaid Oil Mill premises, and that his usual working hours at the Oil Mill were from 7.00 a.m. To 5.30 p.m. The Petitioner stated thatthere were 12 labourers inclusive of himself, and one Supervisor. Hence as the Petitioner…

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Uduwa Athukoralage Chandrasena, vs Sub-Inspector Buddhika, Officer-in-Charge – Crimes, Officer-in-Charge, Police Station, S.C. (FR) Application No. 258/2007

The petitioner complained that he was arrested on 27.06.2007 around 11.30 a.m. while he was on his way to attend a funeral in the Neluketiya area and that at the time he was arrested the,1st respondent had assaulted him. The petitioner accordingly alleged that due to the aforementioned action his fundamental rights guaranteed in terms of Articles 11, 13(1) and 13(2) of the Constitution had been infringed for which this Court had granted leave to proceed. Although leave to proceed was granted on Articles 11, 13(1) and 13(2) of the…

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Amarasinghe Arachchige Mangalasiri Amarasinghe, vs P.M. Seneviratne, Inspector of Police,Anil Priyantha, Headquarters Inspector, S.C. (F/R) No. 264/2006

The Petitioner is an Anesthetist, attached to the Base Hospital Dambulla and was also the Chief Organizer of the United National Party for Dodangaslanda. The 1st Respondent is an Inspector of Police of the Kurunegala Police Station. The 2nd Respondent is the Head Quarters Inspector of the Kurunegala Police Station. The Petitioner alleges that he was assaulted by the 1st Respondent inside the Kurunegala Police Station premises on 21.06.2006 and as such the Petitioner’s Fundamental Rights guaranteed under Article 11 of the Constitution have been infringed. The primary issue to…

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Guneththige Misilin Nona, Akkara Heththedeka, vs Muthubanda (10312), Police Constable Moragahahena Police Station, Moragahahena. Maheepala, Officer in Charge, S.C. (F/R) No. 429/2003

The 1st and the 2nd Petitioners are respectively the mother and sister of the deceased Thisera Sunil Hemachandra who died on 26th July 2003 (hereinafter referred to as the deceased), while allegedly in Police custody. The deceased was a Sri Lankan citizen and 32 years of age at the time of his death. The 1st Respondent was a Police constable attached to the Police Station at the time of the death of the deceased. The 2nd Respondent is the Officer in Charge of the Police Station. The 3rd Respondent is…

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