WIMAL VIDYAMANI vs LT. COL. JAYATILLEKE AND OTHERS S.C. APPLICATION NO. 852/91 SPL

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The petitioner who was the Mill Security Officer at the Embilipitiya Mill of the National Paper Corporation was arrested and detained by the Police under emergency regulations for being allegedly concerned in a subversive J.V.P attack on the Paper Mill. Thereafter, he was transferred to the Pelawatte Detention Camp and detained under a Preventive Detention Order. The petitioner had an exemplary record of service and had won the confidence of his employer. There was no material to warrant the suspicion that the petitioner had J.V.P. links or
was concerned in the subversive attack on the Paper Mill. An allegation that he was absent from his place of work during the attack was contradicted. The Judicial Medical Officer found 16 injuries on the petitioner. It was not alleged that the petitioner had these injuries at the time of his arrest. Even in the absence of a clear medical opinion, as to the cause of these injuries, these injuries could be understood as having being caused by the use of blunt force during an assault by police officers whilst the petitioner was in police custody.

The judgement was the State to pay the said sum to the petitioner as compensation in a sum of Rs. 15,000 for the infringment
of Article 13 (1) and (2) ; and compensation in a sum of Rs. 20,000 for the infringment of his rights under Article 11, totalling a sum of Rs. 35,000 (Rupees thirty five thousand).

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