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Kandy fruit seller’s 2nd FR against police
By Laila Nasry
A rights application filed by a fruit stall owner alleging he was tortured by the police for having previously filed an FR application against them on the grounds of illegal arrest and torture was given the go ahead by the Supreme Court.

The Bench comprising Justices Ameer Ismail, C.V. Wigneswaran and J.A.N. de Silva granted leave to proceed for the alleged infringement of fundamental rights guaranteed by Articles 11 and 13(1) of the Constitution, which provides for freedom from torture, cruel inhuman and degrading treatment and freedom from arbitrary arrest. Court also directed the Registrar to call for the medical reports pertaining to the petitioner.

The petitioner M.P.S. Thaminda of Kandy citing Sub Inspector Bandula of the Kandy Police, Inspector Dharmaratne, a constable, HQI Edmund Mahendra, among others as respondents, declares that SI Bandula had threatened him on several occasions stating that unless he withdraws the previous case for which leave to proceed had been granted, the police will frame him on drug or bomb charges and make him suffer.

In the wake of such threats, Thaminda states he complained to the regional Human Rights Commission, consequent to which SI Bandula had abused him in indecent language, threatened to kill him and dealt several blows to his face, stomach and back. He also alleges he was illegally arrested and taken to the Crimes Branch where he was beaten again.

He states he was further assaulted for having informed the JMO before whom he was produced that he had been assaulted. In addition his fingerprints had also been forcibly obtained on a bottle in which a bomb had been placed.

As a result of the torture on November 13 he was admitted to the Kandy hospital subsequent to his vomiting blood and passing urine with blood. He prays court for a declaration that his fundamental rights have been violated and for compensation amounting to Rs. 500,000. The case was fixed for hearing on May 10, 2004.

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