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FR case of school head alleging assault allowed
By Laila Nasry
A fundamental rights application filed by a principal of a government school, alleging assault by a Coordinating Secretary to a Cabinet Minister was given the go ahead by the Supreme Court on Friday.

The petitioner, K.D. Piyasena, acting Principal of the Athurugiriya Maha Vidyalaya alleged he was assaulted by the 1st respondent, Sarath P. Pathberiya, Coordinating Secretary of Education and Cultural Affairs Minister Karunasena Kodituwakku for having turned down several lists of names of children forwarded by him and approved by the minister, for admission to Grade 1.

The Bench comprising Justices Shirani Bandaranayake, P. Edussuriya and Nihal Jayasinghe granted leave to proceed for the alleged infringement of Articles 11 and 12 (1), which guarantee freedom from torture, cruel inhuman and degrading treatment or punishment and the right to equality.

Court fixing the case for hearing on June 26, further held that there was no material to proceed against the minister and ordered notice to be issued to the other respondents.

In his petition the principal states on January 6, 2003 Mr. Pathberiya had approached him with a list of 38 names of prospective students for admission to Grade 1 and questioned as to why they were not selected. When he had stated that admission was in accordance with the circular and those coming within the necessary criteria had already been admitted, Mr. Pathberiya had come round his table, held him by the tie and slapped him.

Further the 5th and 6th respondents, Sujeewa Silva and P.G. Premadasa, who had accompanied Mr. Pathberiya, had held the principal while Mr. Pathberiya had continued assaulting him until he was rescued by the Vice-Principal and members of the staff.

The principal states he is a diabetic and a heart patient and had bled from his mouth and suffered injuries to his neck and shoulders as a result of the assault. He states that on January 7, 2003 he was awoken at midnight by the Sub-Inspector of the Athurigiriya police to record a statement. Although he had protested a statement had been recorded.

Further he states he had been warded at the Homagama hospital for four days and later admitted to the Jayawardenepura Hospital for five days following medical advice to undergo tests for heart and diabetes related ailments.

He states that there had been agitation by the teachers and students of both his school and other schools over the assault. Despite this, Mr. Pathberiya had held press conferences and meetings seeking to justify the assault and referring to the principal as an anti-government person, in an attempt to call off the agitation by teachers unions.

In his application the principal asks court to grant a declaration that his fundamental rights guaranteed by Article 11 and 12 of the Constitution have been violated and for compensation and costs.

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