Backhoe
operator alleges assault on false charge
A backhoe operator of a construction company was granted leave to
proceed in a fundamental rights petition filed in the Supreme Court
for the alleged assault by the Poddala Police who falsely accused
him of siphoning diesel from the vehicle which belonged to his employees.
The
petitioner Bandarawaka Arachilage Chamara Nimantha cited Sub inspector
Dhammika Silva, Poddala Police Inspector P.N. Ratnaweera, Manager,
Laksan Mizutani Enterprises (Pvt) Ltd., (LME), Tyronne De Silva,
the IGP and the Attorney General as respondents.
He
said on August 1, 2005 he was arrested on false charges of stealing
diesel from the backhoe vehicle he was operating. At the police
station he was assaulted and asked to confess to the theft but he
continued to plead his innocence and claimed he knew nothing about
it.
The
petitioner said that he heard SI Silva asking the LME manager to
bring some diesel and booze (lemon gin) when coming to the police
station.
When the LME manager arrived at the station he told the petitioner
that he was being punished for his past behaviour.
The
petitioner claimed he was a participant in a non-violent strike
which took place at the worksite and he was also a negotiator on
behalf of the workers and the management and this was the reason
for his unlawful arrest and assault.
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