Justice for daily wage earner: SC awards Rs. 225,000 for police abuse

Colombo, April 4 (Daily Mirror) - While awarding Rs. 225,000 in compensation to a daily wage earner for unlawful arrest, detention and torture by three policemen attached to the Hanwella Police Station in 2023, the Supreme Court held that the Constitution does not permit law enforcement authorities to treat individuals differently based on prejudice or social profiling, particularly on account of their poor economic status.

The Supreme Court delivered this judgement in a Fundamental Rights application filed by a 21-year-old daily wage earner, who was subjected to unlawful arrest and torture by officers attached to the Hanwella Police in 2023 over an alleged theft.

A three-judge bench comprising Justices Shiran Gooneratne, K. Priyantha Fernando, and Sobhitha Rajakaruna held that the petitioner’s fundamental rights had been violated in clear disregard of constitutional safeguards.

The Court held that the Petitioner’s Fundamental Rights guaranteed under Articles 11, 12(1), 12(2), 13(1), and 13(2) of the Constitution have been infringed by the three respondents.

The bench also noted that the actions of the three police officers contravened provisions of the Police Ordinance and the Code of Criminal Procedure Act.

The Court directed the three officers Prabhashana Bashitha Nayananjana, Suranga Sisira Kumara, and Wasantha Kumara to pay Rs. 75,000 each from their personal funds, amounting to the total compensation of Rs. 225,000. The payments are to be made within six months.

In addition, the Registrar of the Supreme Court has been instructed to forward a certified copy of the judgement to the National Police Commission. The Commission is expected to consider appropriate action regarding the conduct of the police officers involved.

Counsel N. K. Ashokbharan with Shenal Fernando instructed by Piyumi Kumari appeared for the Petitioner.