Violation of Fundamental Rights: SC orders Police Spokesman to pay Rs. 60,000 as compensation



Colombo, April 2 (Daily Mirror)- The Supreme Court, by a majority decision, has ordered the current Police Media Spokesman SSP Wootler Udayakumara to personally pay Rs. 60,000 as compensation to an Attorney-at-Law for violating his fundamental rights during an incident at the Negombo Police Station in 2017.

The Court found that Wootler Udayakumara, who was serving as the Headquarters Inspector of the Negombo Police Station at the time of the incident, had unlawfully interfered with the professional duties of the petitioner, Attorney-at-Law Priyalal Sirisena. 

The Supreme Court also directed Madushanka Dias, the former Officer-in-Charge of the Miscellaneous Complaints Unit of the Negombo police station, to pay Rs. 30,000 as compensation for his role in violating the petitioner’s rights guaranteed under Article 14(1)(g) of the Constitution, which ensures the freedom to engage in a lawful profession.

In addition to the compensation, both respondents were ordered to pay Rs. 10,000 each as legal costs to the petitioner.

The judgment was delivered by Justice Justice Janak De Silva, with Justice Kumudini Wickremasinghe concurring, following a fundamental rights petition filed by Attorney-at-Law Priyalal Sirisena. The petitioner had alleged that the two police officers obstructed him from carrying out his professional responsibilities when he attempted to represent a client at an inquiry conducted at the Negombo Police Station.

However, in a dissenting opinion, Chief Justice Preethi Padman Surasena dismissed the petition without costs, stating that he was unable to agree with the petitioner’s claim that his fundamental rights to engage in his profession had been infringed under the circumstances.

Senior Counsel Lakshan Dias appeared for the petitioner. Senior Deputy Solicitor General Rajiv Goonetillake appeared for the Attorney General.

 


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