Yohan Indika Herath vs Ajith and other police officers. S.C. [F/R] No. 555/2009

The events that preceded this application as alleged by the Petitioner are that, on the 20th of June 2009 the Petitioner’s brother, one Herath Mudiyanselage Dilan Mahesh Herath organized a musical show in the Dummalasuriya Public Playground from 8:00pm to 10:00pm.The  Petitioner was a member of the organizing committee of the event and alleges that uponthe conclusion of the event he, along with two other  friends, namely; Sooriya Mudiyanselage Niroshana Mahesh Kumar and Herasinghe Hettiarachchige Anil Indika, left and walked towards
his vehicle. It is at this juncture that he asserts that the 1st, 2nd and 3rd Respondents were attacking a group of people he did not recognize. The 1st Respondent, who according to the Petitioner was under the influence of alcohol, purportedly assaulted the Petitioner. The Petitioner had clarified to the 1st Respondent that he was a member of the organizing committee however, the 1st Respondent was joined by the 2nd Respondent as well as another unidentified police officer and continued to assault the Petitioner with clubs and caused injury
to his face, abdomen and head. The said officers were also allegedly under the influence of alcohol. The 1st, 2nd and 3rd Respondents has subsequently dragged him to a police jeep in the vicinity and locked him inside it, at which time the Petitioner called his brother who had arrived at the scene and requested the 1st Respondent to release the Petitioner. The 1st Respondent supposedly admitted to the Petitioner’s brother that he inadvertently assaulted and detained the Petitioner. The Petitioner was requested to escort the 1st, 2nd and 3rd Respondents to the Police Station in order to discuss the events and the Petitioner agreed to accompany the Respondents to the station. At 12:00am the following morning the Petitioner was presented to the Galmuruwa Government Hospital for examination by the medical officer who was informed by the Petitioner that he was assaulted by the Respondents. The Petitioner was further detained until 10:00am and granted bail at that time. The Petitioner subsequently alleges that he spent two days at the Kuliyapitiya Base Hospital and was “observed for a head injury” by Dr. A. Kailai Nathan.

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