Police shot him in the right leg above the knee, though he was not engaged in any protest organised by trade unions on May 30 last year, against a Government move to introduce a Private Sector Pension Scheme.
Dhammika Attanayake (31) of Andiambalama, who is a forklift operator at a factory in the Katunayake Free Trade Zone (KFTZ), complained to the Supreme Court that the gunshot injury permanently damaged his right leg, thus destroying all his hopes of marrying his girl friend.
Last week the Supreme Court, after hearing the submission of the council for petitioners decided to fully inquire into the alleged rights violations.
The Bench comprised Chief Justice Shirani Bandaranayake, K. Sripavan J. and R.K. Sureshchandra J.
He was among around 14 Petitioners who filed Fundamental Rights (FR) violation cases against the Katunayake and Negombo Police, for their alleged assault on a peaceful protest by the workers protesting the implementation of the proposed Private Pension Scheme Bill. The protest and the incident that followed had resulted in the killing of one worker. Some of the Petitioners had actively participated in the protest while others were bystanders.
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| FTZ protest over the private pension scheme (file pic) |
Although the nature of the petitioners' injuries differed, they are in total agreement their rights had been violated by the Respondents.
In his petition to Court Dhammika stated he neither participated in the protest nor was he a bystander, but was on his way to his workplace. As he was getting onto his motorcycle, after withdrawing some money from the nearby ATM, a policeman shot him in his right leg. The bullet entered his leg from the rear and passed through the thigh, completely destroying its main bone.
He was rushed to Seeduwa Hospital and thereafter, transferred to Ragama Teaching Hospital, where he was treated for two months. Later, two operations were performed on him at the Sri Jayewardenepura General Hospital, to insert a "Cobra Locking Plate" and other orthopaedic devices, including a bone graft. Although he is recovering, he would never be able to walk properly, and the parents of his girl friend do not want her to marry him.
M. Pradeep Kumara Priyadharshana (28) is a Co-room assistant of Noratel International Pvt Ltd., at the KFTZ. He filed the case on behalf of several co-workers as public interest litigation.
In his petition to Court, he states that he reported for work at the Noratel International factory at Phase II of the KFTZ, at 6 a.m. on May 30 last year. He had worked until around 11 a.m., when a large number of Police personnel gathered at Phase II. Around 11.30 a.m. KFTZ workers including the petitioner, joined thousands of other workers from neighbouring factories to peacefully protest the implementation of the proposed Bill. They chanted slogans denouncing the Government's actions to interfere with the existing social security of the workers, and demanding to retract the proposed Bill. The protest was spontaneous, and workers voluntarily participated.
Suddenly, without any warning, the police tear-gassed the crowd who were marching peacefully. Immediately thereafter, hundreds of police personnel armed with firearms and iron poles charged at the crowd. Blinded by the teargas, the workers tried to flee. Pradeep ran towards the factory, and later engaged in a sit-down protest campaign. But the police continued to advance further into the KFTZ and broke up the sit-down protest by charging at them. Some severely injured workers ran bleeding back to the Noratel factory. They barricaded the factory and shut its doors.
However, the Police stormed the factory assaulting the security guards who tried to intervene, and destroyed the factory's security room. Then they fired tear gas inside the factory. The workers inside developed symptoms akin to asthma while several injured workers fled and took refuge in the production office on the upper floor by barricading themselves inside. There were around 75 workers. The Police then surrounded the production office, shouted at the workers in abusive language and ordered them to come out, failing which the police threatened to open fire.
The workers came out of the production room and were asked to fall in line. While they marched out in a line, police on either side of them assaulted them with iron poles and chains. They were repeatedly told in abusive language that they were only allowed to work, and not to strike.
The workers were severely assaulted. Pradeep's right hand was bleeding profusely, as it was fractured. Later, all the KFTZ workers seated outside were taken in a bus to the Katunayake Police station, where their personal details were noted down. At the police station, an Army officer accompanied by a local politician said that the proposed Bill would be immediately put on hold, asking them to convey it to the other workers.
All this time, many of the workers were suffering from severe injuries and were in distress. While they were being taken back to the KFTZ, the workers pleaded with the driver to take them to hospital and so they were admitted to Seeduwa Vijaya Kumaratunga Hospital, from where Pradeep and several other seriously injured were taken to the Ragama Teaching hospital. There Pradeep was diagnosed with a fractured right arm which was later put in a cast. The CID recorded his statement and he was discharged on June 2, 2011. He was re-admitted on June 13 to remove the cast and was advised to rest for another 28 days. He complained to the Human Rights Commission on June 26, 2011 of the violation of his rights.
Pradeep, as well as some other petitioners claim they were illegally arrested, detained and have investigations pending against them. They live in fear of further harassment, and are unable to freely express their views against the Bill, or participate in any legitimate expression of dissent, thereby effectively curtailing their freedom of expression. They argued that, in order to exercise the sovereignty of the people, the FR of the people should be respected, secured and advanced by all government institutions, and not be abridged. Accordingly, he was seeking court to declare that his co-workers and his rights had been violated by the highhanded illegal actions of the Respondents.
Nalin Sanjaya Jayatilleke (36) of Melsiripura, a Junior Stores Executive attached to the Noratel (Lanka) factory, related in his affidavit before Court, how he was assaulted by the Police on that day. "I was watching and listening to the protest of the workers which was a public matter. As I had a headache, I went to the first aid room of the factory to get some medicine. As the workers started to flee, I too had to flee. A police officer caught me, but when I explained my position to him, he released me. However, other policemen in the vicinity arrested me and assaulted me, which resulted in a fractured bone below the left eye."
He alleged that he too was taken to the Katunayake Police station and his personal details recorded. Later, all of them were taken to the Katunayaka hospital. He was discharged on May 31, without the issue of any documents. On the next day, his mouth was bleeding and he got himself admitted to one of the private hospitals in Kandy, where he was treated for the fracture.
Sameera Sandaruwan Hettiarachchi (23), a transformer winder of Noratel (Lanka) Ltd., was another petitioner. According to his petition, he had reported for work at 1.30 p.m. and did not participate in the protest out of fear. However, he had assisted the injured co-workers at the first aid room, when the police assaulted him on the back of his head and his face, and he became unconsciousness.
He was discharged from Negombo Hospital on June 2, 2011. He was re-admitted to the hospital on the directive of the ENT Consultant, on May 7, and underwent an operation and was discharged on June 10.
All the petitioners complained that the Respondents had acted in an arbitrary and highhanded manner, and were guilty of using excessive force. Police personnel had also resorted to using live ammunition. They stated that they are unaware of any Sri Lanka Police Service order authorizing the use of live ammunition on peaceful protesters.
They also argued that the Respondents acted arbitrarily and failed to employ trained Riot Police oversee the peaceful demonstration. They also argued that, had they used trained Police personnel, the incident would not have resulted in such unwarranted illegal arrest and assault.
Among the reliefs sought by Petitioners is a declaration that Respondents, OIC Katunayake Police, OIC Seeduwa Police, DIG Negombo, the former IGP, the present IGP and the Attorney General violated their FR to equal protection of the law, freedom from torture and inhuman treatment, from illegal arrest and detention, freedom of expression and freedom of association.
They further sought a Court order directing the Respondents to initiate an independent prosecution against the police officers responsible for excessive violence and use of live ammunition.
They also are seeking an exemplary punitive cost at the discretion of the Court.
The next hearing was fixed for August 27. |
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