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Supreme Court raps Mervyn and police goons for wall-breaking
The private property that was destroyed in Kiribathgoda. Pix by M.D. Nissanka
The Supreme Court this week held that former Minister Mervyn Silva, when he was Deputy Minister of Highways and Road Development had led a team of persons to destroying a citizen’s parapet wall and toilets while the Police in the area of Kiribathgoda provided security for the illegal operation.
The then Deputy Minister had personally arrived at the scene with a backhoe and heavy equipment from the Kelaniya Pradeshiya Sabha to destroy the premises and when the house-owner tried to pursue a case later some lawyers had refused to appear for him due to the involvement of the Deputy Minister.
The Bench comprised Justices Eva Wanasundera, K. T. Chitrasiri and Anil Gooneratne.
The apex court ordered the politician to pay Rs. 400,000 out of his personal funds as compensation to the petitioner of a Fundamental Rights case Asitha Nanayakkara Liyanage of Iriyavetiya Junction, Kandy Road, Kiribathgoda, the then Chief Inspector of the Kiribathgoda Police Station to pay Rs. 50,000 from his personal monies and for the State to pay him Rs. 100,000 as a Minister of State was directly involved for violating the Fundamental Rights of a citizen and the pain of mind, embarrassment and the mental stress caused to him.
The Court made strictures on the then Kiribathgoda Police station Officer-in-Charge for his station’s inaction on the complaints made to it by a citizen and his wife and also ordered the Inspector General of Police to initiate a fresh inquiry to ascertain if others were involved in the illegal breaking down of the petitioner’s property.
The Court was told that the then Deputy Minister had acted at the instigation of some three wheeler drivers who wanted an area to park their vehicles.
Delivering the order, Justice Anil Gooneratne said; “ A Court of Law cannot be immune to or ignorant to happenings around the country that affect human lives…. If an illegal act or wrong has been caused to a citizen, who seeks legal remedy, a Court needs to engage itself in an all-inclusive inquiry….One also should keep in mind that in an environment of lawlessness, the fears, difficulties and resistance of a law abiding citizen has to undergo”.
The order referred to attempts to conceal the truth and even mislead Court and called the case “a serious case of mischief, house breaking, criminal trespass etc. It said that the citizen’s right to an adequate standard of living, including housing for the family, was State Policy and a Fundamental Right under the Constitution.
The Courts was told that all the respondents who came with equipment and vehicles were at the scene when the parapet wall was demolished. A ‘backhoe’ vehicle whad been used to break the wall and police provided security.
The three-judge bench also observed the mental trauma, the petitioner had to undergo due to these arbitrary developments resulting constant fear of his life, property and his family.
The Court also questioned why the Police failed to report to the Magistrate Court when the complaint contained serious nature of mischief, house breaking and criminal trespassing.
The Court noted the role played by former Deputy Minister Silva in this incident is established without doubt as he gave instructions to do the job of demolition to satisfy the sixth respondent ‘Palitha’, a three-wheeler driver at the disputed three-wheeler stand.
Citing an affidavit filed before the courts by a person who witnessed the destruction of the property, the Court found that former Deputy Minister Silva directed an official to wait and see the progress of the demolition until it is completed.
Taking a very strong view of the Police Department, the Court found the lapses of the police pertaining to the incident as it held the view that the Chief Inspector of Police of Kiribathgoda is responsible for dereliction of duties.