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Farmer allegedly tortured for stealing cattle goes to courts
By Teles Anandappa
The Supreme Court granted leave to proceed in a fundamental rights petition filed by a cultivator from Horana who was allegedly tortured by the Horana Police on a charge of stealing cattle.

The petitioner S.A. Akila Chaturanga of Horana cited a Sergeant Caldera and two police constables, the Horana Police OIC, the IGP and the Attorney General as respondents.

He said that on December 22 he was arrested by the police at his home and taken to a house of a lawyer named Hettiarachchi who was not present at the time. He was then taken to the Horana Police Station and accused of the theft of four head of cattle belonging to Mr. Hettiarachchi.

He was then handcuffed and assaulted and asked to confess to the crime. He said he was innocent and knew nothing about any stolen cattle.
He was then gagged with his own sarong and his naked body was hung on a beam and hit with poles asking him to confess.

As the police could not get any confession he was told that he would be produced before court and they would not object to bail being granted to him if he kept silent about what had happened at the police station.

He was produced in court on December 23 and bail was granted. The petitioner said that as he was badly injured due to the beating he went to the Kalutara Nagoda Hospital to be examined by the Medical Legal Officer. He was in hospital for two days and was discharged on December 26.

He said he had complained to the Human Rights Commission, the National Police Commission, the DIG (Legal) and the Bar Association president about the inhuman torture and arrest.

He said that due to the torture he was not able to perform his normal work.
He said his fundamental rights were violated and wanted the court to grant him compensation it deemed fit.

The Bench comprising Justices Shiranee Thilakawardena, N.K. Udalagama and N.E Dissanayake directed the Kalutara General Hospital to submit the bed head ticket and all reports relating to the examination and treatment of the petitioner from December24 to 26.

Notice to be issued to the respondents and objections to be filed six weeks from February 10 and counter affidavit to be filed two weeks thereafter with the hearing fixed for April 28. Attorney Viran Corea with S Gunaratne instructed by Piyal Kariyawasam appeared for the petitioner.

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