News
Fonseka’s supporters win FR case at 2010 poll
View(s):The State was ordered to pay a group of supporters of Field Marshal Sarath Fonseka compensation and costs in a fundamental rights application filed by Kelun Kumarasinghe, Attorney-at-Law on behalf of the group that was arrested and detained in 2010 during the period of the Presidential Election of that year.
The group comprising mainly of non-ranking officers of the Sri Lanka Army had been arrested at Gokarella while on their way to Anuradhapura to perform a vow for the victory of Gen. Fonseka who was challenging then President Mahinda Rajapaksa at the 2010 election. They were detained thereafter for two and a half months on grounds that they were acting suspiciously and were part of a conspiracy to overthrow the government.
The detainees had alleged that they were assaulted by SSP Vas Gunawardene while at the Gokarella police station and forced to give statements saying they had been sent to kill President Rajapaksa. They were then produced before a magistrate and refused bail on the basis that investigations were pending against them to ascertain if they were Army deserters and part of a conspiracy to overthrow the then government. They were discharged only two and a half months later.
Delivering judgment Justice Anil Gooneratne said that perusing the explanations given by the detainees, he finds nothing unusual or suspicious in persons proceeding to Anuradhapura and stopping to have tea and in engaging in political activity on behalf of a candidate at an election. There is no illegality that could be inferred in such an exercise, according to the statements of the detainees.
The detainees were also never informed of the reasons for their arrest and subsequent detention.Justice Gooneratne said that it appears that the police engaged in collecting information “at any cost” to implicate the detainees of a “very remote possibility” that an offence was to be committed and questions arise if the arrests were done according to law.
Law enforcement officers were given instructions to see if this group was part of a coup to overthrow the government, but no incriminatory evidence was produced, he observed. Referring to the role of DIG Anura Senanayake who was in charge of election related work in the North Western province at the time, Justice Gooneratne pointed out that no details were provided by him giving reasons for the arrest and detention of these suspects.
“The liberty of an individual or a group of persons is a matter of constitutional importance. This liberty should not be interfered with whatever the status of that person or persons arbitrarily or without legal justification”, Justice Gooneratne said.
The inability of the law enforcement authority and the executive to implicate the detainees ultimately resulted in their discharge on February 22, 2010 by the magistrate. There was no material to frame any kind of charges against them, he held.
Finding that the fundamental rights of the detainees were violated, the State was ordered to pay Rs. 20,000 as compensation and Rs. 25,000 as costs to the petitioners.
Upul Jayasuriya appeared for the detainees with Sandumal Rajapakshe and Erandi Jayasuriya. Senior State Counsel Asad Navavi appeared for the Attorney General.