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| Saturday, 18 October 2003 |
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SC orders compensation for police assault victims by Wasantha Ramanayake The Supreme Court yesterady ordered three Police officers who had been attached to the Kalawana police station to personally pay Rs. 250,000 as compenastion to two co-owners of a restaurant in Kalawana for violating their fundamnetal rights. The state was also ordered to pay them Rs. 250,000. The Bench comprised Chief Justice Sarath N. Silva PC, and Justices P. Eddussuriya and T.B. Weerasuriya. In this rights application two petitioners Priyantha Atukorale and K. V. Sarath of Kalawana cited IP M.A.D.D.S. Mallawaarachchi, OIC Kalawana, Sgt. Munasinghe and Sgt. Senaratne of Police Station Kalwana, Inspector General of Police and the Attorney General as respondents. In terms of the court order the first respondent, then OIC of the Kalawana Police Station should personnally pay the two petitioners Rs. 100,000. Moreover, the first respondent further ordered to pay Rs. 50,000 to the first petitioner Priyantha Atukorale for violating his rights. The rest Rs. 100,000 to be paid personnally by the second and third respondents Sgt. Munasinghe and Sgt. Senaratne in equal shares. The payments should be made on or before December 31, 2003. Justice P. Edussuriya delivered the judgemnt. Petitioners claimed that they have carried on business named Sinharaja Food Centre at Manana, Kalawana. A pandal and a musical show was held following the Vesak Festival close to the food centre and there had been a large turnover in the food centre. An armed Police team led by the first respondent and which included the second and third respondents stormed into the restaurant around 9.30 in the night on June 1, 2002. Plaintiffs alleged that the team assaulted, abused and chased away the customers and the employees of the restaurant. The two brothers of the first petitioner who were at the restaurant were also assaulted. They also alleged that many items including furniture, fittings, crockery were smashed. Nigel Hatch instructed by Koggala Wellala Bandula appeared for the petitioners. State counsel K.A.P. Ranasinghe appeared for the respondents. Chandana Premathilake appeared for the 1-3 respondents. |
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