Supreme Court rules police violated rights of Jehovah’s Witnesses women in 2014 arrest



Colombo, May 22 (Daily Mirror) - The Supreme Court ruled that the fundamental rights of four women affiliated to the Christian Congregation of Jehovah’s Witnesses were violated by the police during a 2014 arrest in the Walasmulla area.

The petitioners, four female members of the Jehovah’s Witnesses community based in Kadawatha, had travelled by public transport on October 29, 2014, to Kirama, near Walasmulla, to engage in religious community service. While engaged in their activities, they were arrested by the Walasmulla Police on allegations that they were attempting to “spread” their religion for “financial gains.”

Delivering its judgment, the Supreme Court held that the former Officer-in-Charge (OIC) of the Walasmulla Police Station, S.J.B. Suwaris, infringed the petitioners’ fundamental rights under Articles 12(1), 12(2), and 13(1) of the Constitution, which guarantee equality before the law, freedom from discrimination and protection against arbitrary arrest.

The Court directed that former OIC pay Rs. 50,000 in compensation to each of the four petitioners. Additionally, the State was ordered to pay Rs. 25,000 to each petitioner, acknowledging the broader failure of law enforcement to uphold Constitutionally protected freedoms.

Referring to the Dhammacakkappavattana Sutta, Lord Buddha’s first sermon delivered to 60 disciples, Justice Janak de Silva noted that Buddhism became a universal religion not by force, but through the peaceful spread of the Dhamma by its followers. 

“In fact, the world may not have the benefit of the teachings of Lord Buddha,” he said, “had the followers of other religions responded in the same way the villagers and the police responded to the conduct of the petitioners.”

, Justice Janak De Silva delivered this judgement with Supreme Court justices Gamini Amarasekera, Kumudini Wickremasinghe agreeing.

Saliya Pieris, PC with Pulasthi Hewamanna appeared for the petitioners while Deputy Solicitor General Ganga Wakishta Arachchi appeared for the respondents.

 


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