Supreme Court orders five policemen to personally compensate businessman for brutal assault

On June 4, 2020, his daughter had attempted to lodge a complaint with the Human Rights Commission of Sri Lanka (HRCSL) regarding his treatment 

By Lakmal Sooriyagoda   

In another judgment underscoring judicial intolerance toward custodial violence, the Supreme Court yesterday ordered five police officers attached to the Divisional Vice Squad of the Anuradhapura Division to personally pay Rs. 900,000 in compensation to a businessman who was subjected to cruel, inhuman, and degrading treatment while in police custody.   

The judgment was delivered by Justice Kumudini Wickremasinghe, with Justices S. Thurairaja and Sampath Wijeratne agreeing. The Court held that the officers, along with the State, had violated the petitioner’s fundamental rights guaranteed under Articles 11 and 12(1) of the Constitution by assaulting him, inflicting severe injuries, and acting arbitrarily in a manner that deprived him of equal protection of the law.   

According to the petitioner, the incident took place on June 1, 2020. He was travelling to his cultivation on a motorcycle around noon when he was stopped by a police team led by the first respondent officer Inspector Ratnayake. Without explanation, the officers arrested him, assaulted him, and transported him to the Anuradhapura Police Station.   

Upon arrival, the petitioner was allegedly taken into the police quarters, tied, suspended, and repeatedly beaten with clubs, on his hands, and feet. During the assault, he overheard the first respondent addressing three other officers identified as Rathnayake, Asela, and Bandara who were later named as the second to fourth respondents in the petition. The petitioner maintained that he was repeatedly questioned about alleged cannabis dealings, which he denied, yet the assault intensified, causing severe pain, injuries, and partial hearing loss.   

The following day, the petitioner was produced before the Thambuththegama Magistrate’s Court on allegations of possessing 1,336 grams of cannabis. The Magistrate ordered that he be examined by the Judicial Medical Officer (JMO). The medical report documented a traumatic perforation of the left eardrum, extensive contusions on the back and thighs, and truncheon marks on the arm and wrist injuries consistent with physical torture.   

Due to COVID-19 movement restrictions at the time, the petitioner was not physically produced in court for months, resulting in the continuous extension of his remand. His family was prevented from visiting him during this period.   

On June 4, 2020, his daughter attempted to lodge a complaint with the Human Rights Commission of Sri Lanka (HRCSL) regarding his treatment. The complaint was rejected on the grounds that the petitioner had to be present in person. Following his release on bail on September 2, 2020, the petitioner again attempted to lodge a complaint, but was informed that the Commission could not accept it while court proceedings were ongoing. The petitioner stated that the assault left him with lasting partial hearing impairment and ongoing pain. The petitioner stated that his prolonged detention also disrupted his livelihood and he was unable to operate his business for nearly three months and could not cultivate seven acres of paddy land in Wilachchiya, causing significant financial loss.   

Anil Silva PC with Arindra Silva instructed by Nandana Perera for the Petitioner. Counsel Sapumal Bandara with Vishmi Yapa Abeywardena instructed by Manjula Balasooriya for the 1st to 4th Respondents. Additional Solicitor General Lakmali Karunanayake appeared for the Attorney General.