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SC orders Rs. 800,000 compensation for widow of ex-soldier tortured by police

by Wasantha Ramanayake

The Supreme Court yesterday ordered the State and two Police Officers to pay Rs. 800,000 as compensation and cost to the widow of an ex-soldier and her minor child in a Fundamental Rights application over the death of the ex-soldier who died following torture.

The Court also directed the Registrar of the Supreme Court to forward the copy of the judgement to the National Police Commission to take the necessary action against the errant Police Officers.

The Bench comprised Justices Mark Fernando PC, H.S. Yapa and Asoka de Silva.

In terms of the order, the State will pay Rs. 700,000 and the rest to be paid by the first and second respondents personally in equal shares. The total sum of Rs. 800,000 to be divided between the mother and the child in equal shares. The sum of Rs. 400,000 due to the child will be deposited and the monthly interest thereof to be given to the mother for the maintenance of the child.

In the application, petitioner K.D. Sriyani Silva of Paiyagala, the wife of the deceased Lasantha Jagath Kumara, cited OIC Chanaka Iddamalgoda, Prasanna Wickramaratne, OIC Crimes, both of Police Station , Paiyagala, and four others as respondents.

Delivering the Judgement, unanimously agreed by the Bench, Justice Mark Fernando PC observed that the first respondent OIC should ensure that the persons held in custody would be humanely treated in accordance with the law and that included the monitoring of the activities of his subordinates. The Judge further observed, "the first respondent OIC had not claimed to have taken any steps to ensure that the husband of the petitioner was being treated as the law required and first respondent was liable for culpable inaction".

According to the petitioner, the deceased was arrested by the second respondent on June 2002, and died while he was in remand custody in the Magazine Prison in Welikada, on June 20, 2002. Petitioner alleged that the deceased died of torture during the excessive period of detention.

J.C.Weliamuna appeared for the petitioner. Manohara de Silva appeared for the first respondent. Saliya Pieris appeared for the second and fourth respondents.

State Counsel K.A.P. Ranasinghe appeared for 3 and 7 respondents.

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