Assault of lottery ticket seller: Doctors to submit reports

By Teles Anandappa

The medical officers who were mentioned by name were directed by the Supreme Court to submit the relevant documents of the medical reports pertaining to the case of the fundamental rights petition filed by a Weligama resident who was allegedly assaulted by police officers.

The petitioner Mulathu Kumburage Shantha Kumara of Welimada, a lottery ticket seller, cited Sub inspector D. Jayaweera, Constable L. Piyathilake, OIC Welimada, the IGP and the Attorney General as respondents.

The petitioner said he obtained the licence to sell lottery tickets from the Welimada Pradeshiya Sabha and was selling the tickets in a stall situated in the town.

He was later asked by Pradeshiya Sabha officials to remove the stall for the purpose of town improvement and he acceded to the request.

Shantha Kumara said he had a balance stock of tickets and he decided to sell them at the Welimada fair. He said he stationed a man named Ajith to sell the tickets.

The petitioner said on August 18, 2006 Constable Piyathilaka came to the fair and wanted Ajith to stop selling the tickets even though Ajith insisted he had a valid licence to sell them.

When he heard about the incident he came to the fair and saw Ajith had climbed a lamp post as he was frightened the police would assault him.

The petitioner said later the police came to the scene and arrested Ajith and took him to the police station but he was released later.

The petitioner then contacted the Lotteries Board General Manager regarding the matter and was advised to go the Welimada police station and collect the unsold tickets, the microphone and the loudspeaker which were seized by the police. He said that when he went with his brother Kumburuge Ananda and attorney Nalin Champika Dissanayake to the police station he was asked by SI Jayaweera and the OIC Welimada to come to a room in which he was locked and assaulted. He said he was unconscious after the assault and was admitted to the Welimada hospital. He said he was examined by the Medical officer present and a medical report prepared. He said on the following morning the District Medical Officer examined him and another medical report was prepared. He alleged this was done on the instruction of the SI and the OIC.

The petitioner said on August 19 he was produced before the Welimada Magistrate on trumped up charges of offences against the Code of Criminal Procedure and then released on bail.

He said his unlawful arrest and assault violated his fundamental rights granted under the Constitution and claimed Rs.500,000 as compensation with costs. Hearing was put off for May 9.