W.N.D. Gunasekara vs Police Constable Chandana and others SC FR No. 859/2009

The Petitioner at the time relevant to this application was serving as an Instructor at the Automobile Engineering Training Institute (hereinafter referred to as the “Institute”) of Orugodawatta on contract basis. On 25.06.2009 the Petitioner boarded a bus at Borella at or about 7.35 a.m to reach his work place which is located near the Toyota Junction in Orugodawatta. Petitioner got off the bus around 7.50a.m and has tried to cross the road by walking on the pedestrian crossing at the said junction along with a group of people with the object of reaching the Institute located on the other side of the road. Petitioner avers that after he reached the island on the center of the road he waited for a while along with the said group of people for traffic to be cleared and thereafter crossed the road.

”In the course of the said assault by the 1st Respondent, Petitioner’s shirt pocket was ripped off causing the ink pen which was kept inside the pocket to break apart and spill ink all over the Petitioner’s shirt’

I have considered the totality of evidence and I find that the Petitioner’s version is supported by several witnesses and his complaint is prompt and consistent . He had made a complaint to the Police Post and also informed the Doctor that he was assaulted by the police. He followed up with a complaint to the Human Rights Commission, the Inspector General of Police and thereafter filed this Fundamental
Rights Application. I find that 1st Respondent had subjected the Petitioner to degrading treatment and thus violated Article 11 of the Constitution . I order the 1st Respondent to pay Rs. 50,000/- to the Petitioner as compensation .

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