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The Supreme Court reserved order on a fundamental rights case filed by a three-wheeler driver who was allegedly assaulted by policemen attached to the Elpitiya Training School. The petitioner O.K.D. Kithsiri Dhanawardena cited police constables Mahinda Gunathilake, Jayantha Bandara, L.H. Chanaka Lakmal, K.A.Sisira Punnyasiri, A.A.Thushara Priyantha Amarakoon, Police Assistant K.P.Ruwan Indika, police constable M.M. Saman Priyantha, Elpitiya Police Training College OIC, the IGP and the Attorney General as respondents.
In his petition Dhanawardena said he parks his vehicle at Katepola junction as does several other three-wheeler drivers and hires his vehicle from there. He claims that on several occasions police personnel hire these vehicles but never make payment.

He said on March 25 PC Gunathilake wanted to hire his vehicle but as he had accepted another hire he had refused the request. He said on March 27 PC Gunathilake came with PC Jayantha Bandara on a motor cycle and abused him warning him that they were policemen and then began to assault him. Dhanawardena said that after he was assaulted he was taken to the police station in a jeep driven by PC Sisira Punnyasiri. Although he was taken to the police station no statement was recorded from him. He said he was then taken to Elpitiya Hospital and examined by the District Medical Officer and as his condition was serious he was taken to the Karapitiya Teaching Hospital.

Dhanawardena said that as a result of the assault he suffered a urine problem and was warded for seven days. He said that after he was arrested the villagers held a protest in front of the police station and wanted action taken against the police. He said that following the protest rally the first to seventh respondents were arrested and produced before the Elpitiya Magistrate on March 31 and released on bail.

The Bench comprising Chief Justice Sarath N Silva, Justices Shiranee Thilakawardena and N.E. Disanayake directed counsel for the respondents to submit written submission before October 9.