SC orders compensation for sick prisoner

In a majority decision the Supreme Court granted Rs. 150,000 with costs payable by the State as compensation in a fundamental rights petition filed by Anthony Michael Emmanuel Fernando of Kalubowila against prison officers.

Justices Shirani Bandaranayake and Justice J. Balapatabendi ruled in the petitioner’s favour while Justice N.G. Amaratunge in his dissenting judgment dismissed the application without costs.

Suranjith Hewamanne, Counsel for Anthony Fernando cited jail guards Gayan Chrishantha, W.A. Priyashantha, Welikada Prison Superintendent, Commissioner General of Prisons, Interior Ministry Secretary and the Attorney General as respondents.

The petitioner said that in 2003 he was sentenced by the Supreme Court to a term of one year’s rigorous imprisonment for Contempt of Court. He claimed that while being transported to the Welikada prison he developed a severe asthmatic condition and was taken to the prison hospital, As his condition worsened he was taken to the Colombo National Hospital and admitted to the Intensive Care Unit. He was kept in ward no. 44 where his leg was chained and he had to sleep on the floor.

The petitioner stated that despite the fact that he developed a pain in his body he was transferred to the Welikada prison. He alleged that during the transfer a prison guard dragged him by his shoulder into the bus, assaulted him on his face and body and then dropped on the floor of the bus. At the prison he was kept near a toilet till the next morning.Desmond Fernando P.C, with K.S.Ratnavale, Sandamal Rajapakse and Priyalal Sirisena appeared for the petitioner.