VELMURUGU v. THE ATTORNEY-GENERAL AND ANOTHER |1981 1SLR 406

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The petitioner a member of the District Development Council for Amparai was
prevented by army officers when travelling in a car with 3 others to go to the 4th
Colony. He was stopped at the junction on the 4th colony and obliged to turn back and go
back towards Kalmunai.On the way he apparently received various complaints of houses
being burnt and assault. The petitioner put down the 3 persons who were in his car and
proceeded back again towards the 4th Colony.
On the way he met Fr. Elmo Johnpulle who was going on a motor cycle towards the
4th Colony ostensibly regarding the safety of his parishioners. The petitioners then got
on to the pillion of the motor cycle and both of them went on the motor cycle to the
junction of the colony.
At this junction on the orders of the 2nd respondent the petitioner was taken into
custody by army personnel and put into a jeep. The petitioner was not informed of the
charge nor given the reasons for his arrest. The’2nd respondent told the army and police
officers that they could take petitioner and do as they like with him and left the place.
In consequence of what the 2nd respondent said the petitioner was then put on the floor
of the truck and subjected to torture and/or cruel, inhuman and/or discriminatory treatment or punishment by the army personnel. Thereafter the petitioner was taken to the
Central Camp Police Station where his statement was recordedon.directions of the 2nd
respondent. The 2nd respondent instructed the recording officer not to take down anything about the torture. He was made to sign the statement without reading it.
On the night of 9.8.1981 the petitioner was produced before the Magistrate to whom
he complained of difficulty to walk. The Magistrate however does not support the petitioner on this point.
The Doctor found injuries on the petitioner but the petitioner although he had complained of assault by army men had told the Doctor nothing about the 2nd respondent.
The petitioner complains of illegal arrest and torture and/or cruel, inhuman or degrading treatment and punishment.

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