Jaffna resident says son assaulted for no reason

The Supreme Court granted leave to proceed in a fundamental rights petition filed by a resident of Jaffna on behalf of his son, who claimed he was arrested for no reason by the Army and assaulted.

The petitioner Velayutham Selvarasa of Meesalai, Jaffna on behalf of his son Sivarasa Thushishanthan cited Cpl. R.M. Punyasiri Vignayata Infantry Regiment Sarasali, Chavakachcheri, Jaffna, Lance Corporal A.D.N Gunaratne, Lance Corporal Asoka of the Vignayata Infantry Regiment, Sarasali, Lt. D.M.K Kulatunge Commanding Officer Brigade Commander 521, Brigade Headquarters, Jaffna, Commander Security Forces Jaffna, Commander Sri Lanka Army, A Dharmasena, Headquarters Inspector Chavakachcheri, Jaffna SSP Kankesanturai, DIG Kankesanturai, the IGP and the Attorney General as respondents.

The petitioner Selvarasa is running a grocery stores at his residence and his son is also staying with him. He said that on May 29 he was informed by a friend of his son that his son Sivarasa was arrested by the 1st 2nd and 3rd respondents at Pannaiyadikulam and his identity card was taken by them and he was asked to report to the Army camp at Kanagampulliyadi. When the petitioner went to the camp to inquire about the incident he was told by the authorities that there was no such person there and to make inquiries from the camp at Post Office Road, Chavakachcheri. He then went with the grama niladhari to that camp and was informed that his son was arrested but later released and handed over to the Chavakachcheri Police with no reason given for his arrest. He stated that the 8th respondent S. Dharmasena issued a receipt for the arrest of his son. He said that when he visited his son at the police station he was in a very bad state and showed signs that he had been assaulted very badly.

The petitioner said that when he made inquiries about his son he was informed that his son had escaped from the Kankesanturai police station. The petitioner said he did not believe this story as the KKS police station was situated in the middle of a High Security Zone.

The petitioner said that the arrest of his son violated his fundamental rights guaranteed under the Constitution and the arrest was arbitrary and illegal.

The Bench comprising Justices Dr. Shirani Bandaranayake, Saleem Marsoof and J Balapatabendi directed the Registrar to call for the JMO’s report from the Chavakachcheri Magistrate’s Court and granted leave to proceed.