SC/FR/577/2010
BEFORE : L. T. B. DEHIDENIYA, J. , MURDU N.B. FERNANDO, PC, J. AND S. THURAIRAJA, PC, J.
COUNSEL : Saliya Pieris, PC, with Lisitha Sachindra for the Petitioner
Dharmasiri Karunaratne for the 1st and 2nd Respondents
Ranjan Nayakaaratne with Kumar Gunatilaka for the 3rd and 4thRespondents
Chrisanga Fernando, SC for the 5th, 6th, 7th, 8th and 10thRespondents.
ARGUED ON : 28th August 2019 and 30th September 2019
WRITTEN SUBMISSIONS : Petitioner – 7th October 2019
1st and 2nd Respondents – 7th October 2019
3rd and 4th Respondents – 7th October 2019
DECIDED ON : 17th December 2019.
This fundamental rights application was filed by the wife of the deceased, Rathnayake Tharanga Lakmali, on behalf of her husband Ranamukage Ajith Prasanna who died on the 18th of September 2010 in the custody of the Police. The Petitioner pleads that one or more or all of the Respondents and the State have infringed the fundamental Rights of her husband guaranteed to him under Articles 11 and 13 (1)
of the Constitution.
Conclusion of the Supreme Court judges L. T. B. DEHIDENIYA, J. and MURDU N.B. FERNANDO, PC, J. –
Considering all the material available before us, I am of the view that the Fundamental Rights enshrined in the Constitution, particularly Articles 11 and 13 have been violated by the Respondents. I specifically find the 1st, 2nd 3rd and 4th Respondents individually liable for the violation and I direct them to pay Rs.
250,000/- each individually from their personal resources to the Petitioner. The available material does not reveal that the 5th, 6th, and 7th Respondents have fulfilled their responsibilities. Hence, I find them responsible for the violation and ordered them to pay Rs. 25,000 each from their personal funds to the Petitioner. It is the State’s responsibility to protect every citizen of this country. In the the instant case, I find that the State has failed its responsibility and has violated the Fundamental Rights of the deceased. Hence, I order the State to pay Rs. 1 million as compensation to the petitioner, i.e. wife of the deceased, Rathnayake Tharanga Lakmali
Summary of penalties
| Respondent | Name | Position | Charge | Penalty |
| 1st Respondent | Niroshan Abeykoon | Inspector of Police | Liable for the violation of rights | 250,000/- from personal funds |
| 2nd Respondent | Suraweera Arachchige Wasantha Suraweera | Police Sergeant 32215 | Liable for the violation of rights | 250,000/- from personal funds |
| 3rd Respondent | Hewa Sangappulige Chaminda | Police Constable 41953 | Liable for the violation of rights | 250,000/- from personal funds |
| 4th Respondent | Pushpakumara | Police Constable 20527 | Liable for the violation of rights | 250,000/- from personal funds |
| 5th Respondent | Peter | Inspector of Police | Failure to fulfill responsibilities | 25,000/- from personal funds |
| 6th Respondent | Vijitha Kumara | Chief Inspector of Police | Failure to fulfill responsibilities | 25,000/- from personal funds |
| 7th Respondent | Ananda Samarasekera | Assistant Superintendent of Police ASP’s Office | Failure to fulfill responsibilities | 25,000/- from personal funds |
| The State | Failure to fulfill responsibilities and Violating the Fundamental Rights of the deceased | 1,000,000/- |
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