Electrician alleges brutal assault by police

The Supreme Court reserved the order in a fundamental rights petition filed by an electrician over an alleged unlawful and brutal assault on him by the Police.

The petitioner Susil Perera of Kadawata cited Polonnaruwa sub-inspector M. Herath, OIC Polonnaruwa Police, OIC Dambulla Police, the I.G.P, the Attorney General and Lakpriya Silva of High-Tec Engineers as respondents.

The petitioner said he was an employee of High-Tec Engineers as an electrician and was working at the Dambulla cricket grounds. He alleged that on February 3, 2005 he was arrested by some officers of the Dambulla Police Station and was not given any reasons for his arrest. He said that later two police officers arrived in a vehicle belonging to Lakpriya Silva, took him to the Habarana jungle and brutally assaulted him.

He was produced before the Polonnaruwa Magistrate on February 6 on trumped of charges of theft and granted cash bail of Rs. 2500 on February 12.

The petitioner said he was admitted to the Polonnaruwa hospital as he was injured but as his injuries were of a serious nature, he was admitted to the Ragama Hospital on February 17, 2005.

He said his arrest and assault were unlawful and unjustifiable and violated his fundamental rights guaranteed under the Constitution. He claims Rs.200,000 as compensation with costs.

Siripala Amarasekera appeared for the petitioner. Attorney P.K. Prince Perera appeared for the 1st and 3rd respondents, Senior State Counsel K.P Ranasinghe for the 4th and 5th respondents and Wasantha Chandrasekera appeared for the 6th respondent.
The Bench comprised Justices Rajah Fernando, Gamini Amaratunge and Andrew Somawansa.