News
SC grants Gunaratne brothers leave to proceed in FR case against Peliyagoda Police
View(s):The Supreme Court has granted leave to proceed in a fundamental rights petition filed by Migara and Charitha Gunaratne, the sons of Maithri Gunaratne, PC, against officers of the Peliyagoda Police over the alleged brutal assault of Migara, the first petitioner, when he went to the station to deliver food to a client of Charitha, the second petitioner.
Among the respondents are the Inspector General of Police, Chief Inspector and Headquarters Inspector of the Peliyagoda Police. The petition relates to an incident in February this year. Charitha, a 26-year-old lawyer, visited the Police station to represent a friend and client named Sachika Jayaweera being held at the Special Crimes Unit of the Peliyagoda Police.
The petition states he saw the client being intimidated, while the latter also claimed he had been “brutally assaulted by Police officers of the Peliyagoda Police station on countless occasions while in their custody”. When he mistakenly addressed a Police officer in civil attire as ‘Sergeant’, Charitha was allegedly shouted at in “derogatory and obscene language”. He was also accused of being intoxicated, a charge he denied. He left after his client pleaded with him to do so, and informed the Bar Association of Sri Lanka by letter about the incident.
On February 25, as he was apprehensive about the well-being of Sachika Jayaweera, he sent his brother, Migara – a 23-year-old law student – to deliver dinner to his client and his girlfriend (who was also in remand) with the intention, also, of enabling some oversight of his well-being. Migara reached the Peliyagoda Police station around 8.40 pm and received permission to handover two food packets and a bottle of Coca Cola to the clients.
As the male cell was crowded with visitors, he went to the female cell, handed over the drink and a packet of food and asked Dilru, the girlfriend, if there was anything she needed. As he was typing on his phone the list of requirements, he had been allegedly ordered out of the Police station saying he cannot take calls. He denied having taken calls but continued to be addressed in a derogatory manner, at which point Migara responded saying the Policeman had no right to speak to him in that way.
The situation escalated thereafter, and Migara was allegedly surrounded by around 10-12 persons whom he believed to be officers attached to the Peliyagoda Police station, and repeatedly beaten, despite him begging and apologising “in the hope that the physical assault would stop”. He was also verbally abused in “extremely demeaning and derogatory language by the Police officers”.
The petitioners state that their rights guaranteed in the Constitution – including under Article 11 which states, “No person shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment” – were violated. Migara has requested the Court to award him substantial compensation “in light of the physical, and psychological harm, loss and damage caused and/or incurred by him”.
The Gunaratne brothers also requested Court to declare that the actions of the many respondents resulted in the infringement of Migara’s fundamental rights under several articles in the Constitution; to make an appropriate order for the commencement of disciplinary proceedings against the Police officers responsible “for the torture, cruel, inhuman and degrading treatment” of Migara at the Police station; and an order for investigations and proceedings before the appropriate Court to be initiated against several of the respondents under and in terms of the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment Act, No. 22 of 1994, etc, or any other criminal proceedings against the Police officers responsible.
The best way to say that you found the home of your dreams is by finding it on Hitad.lk. We have listings for apartments for sale or rent in Sri Lanka, no matter what locale you're looking for! Whether you live in Colombo, Galle, Kandy, Matara, Jaffna and more - we've got them all!