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by Indeewara Thilakarathne

Supreme Court yesterday granted leave to proceed in a Fundamental Rights plea by a three-wheeler driver and two others for torture and inhuman treatment at the hands of the police.

The Bench comprised Justices Shirani Bandaranayake, P. Edussuriya and H. S. Yapa. In this case the petitioners A. S. Mahalekam, M. P. Sri Thaminda and H. R. D. Fernando (disabled), have cited I. P. Jayarathne, Sergeant H. M. K. Herath (all of Kandy police) and 10 others including IGP and AG as respondents.

The petitioners stated that the first petitioner is a three-wheeler driver and runs a three-wheeler belonging to Ruwan Darshana Fernando.On August 11 the petitioner came in the three-wheeler to their fruit stalls opposite the Central Market Kandy. There was a considerable police presence as it was Perahera season and the fruit stall were 400 meters away from the route through which the Kandy Perahera was scheduled to pass.

One policeman requested the petitioners to take the three-wheeler away from the place immediately. Ruwan Fernando who took some time to alight the vehicle. A police officer said "What did you say "to A. S. Mahalekam and slapped him. At the stage Ruwan Fernando who is disabled and due to whom the delay was caused, intervened and requested the police not to assault them. The petitioners further stated that in spite of the request PC Abeyarathne assaulted Fernando.

The petitioners stated that a little later a police bus came to the scene. The petitioners were dragged inside the bus by the police and were taken to the police station where they were assaulted with hands, batons and leather belts. One policeman attacked Bandula on the chest with the muzzle of a gun. The petitioners stated that their Fundamental Rights were violated by their arbitrary arrest by the 1st and the 2nd respondents, in terms of the Article 13 ( 1) of the Constitution and infringed the right to freedom from torture guaranteed by Article 11 .

The petitioners prayed that leave to proceed be granted to the petition and to call for a report from DMO Kandy who examined the petitioners on the orders of Kandy Magistrate on August 13, 2003. The petitioners also pleaded for a Court declaration that their Fundamental Rights were violated under the Article 13 (1) and 11 of the constitution and to order the respondents to pay a sum of Rs. 500,000 as compensation to the petitioners.

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