Violating restaurant owner’s FR: SC orders seven Excise Officers to pay Rs. 525,000

Colombo, March 11 (Daily Mirror) - The Supreme Court today ruled that the Fundamental Rights of a restaurant owner in Midigama had been violated by seven officers of the Department of Excise and ordered them to pay compensation from their personal funds.

The Court directed the officers to pay Rs. 75,000 each to the petitioner, amounting to a total of Rs. 525,000.

The petition was filed by Dinesh Priyadarshana Dodangoda, the owner of a restaurant in Midigama, who alleged that he was unlawfully arrested and assaulted by the officers during an incident that occurred between January 2 and January 4, 2023.

According to the petitioner, he had heard a commotion outside his restaurant and upon checking the CCTV cameras, observed several individuals assaulting his employees. He stated that the individuals later stormed into the restaurant, claiming to be police officers. 

The petitioner alleged that he was assaulted with batons and a broom before being blindfolded with a bedsheet and having his hands tied behind his back. He further claimed that the officers repeatedly questioned him about bottles of whiskey in his possession.

Delivering the judgment, Justice Menaka Wijesundera, with the concurrence of Justice Janak De Silva and Justice Sampath B. Abayakoon, held that the actions of the officers had violated the petitioner’s fundamental rights guaranteed under Article 12(1) of the Constitution, which ensures the equal protection of the law.

The Court accordingly declared that the seven respondents were responsible for the violation and ordered them to pay compensation to the petitioner from their personal funds within three months

The officers named in the order are R.A.N.J. Ranaweera, G.D. Pushpakumara, W.M.D. Indika, M.D. Gamage, Iresh Kavinda, J.A.G.M. Madushanka and P.T.C. Ekanayake.

Counsel Hafeel Farisz with Shannon Tillekerathne instructed by Niluka Dissanayake appeared for the petitioner. Additional Solicitor General Lakmali Karunanayake appeared for the Attorney General.