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| Thursday, 2 December 2004 |
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PC to pay compensation by Wasantha Ramanayake The Supreme Court yesterday ordered a Police constable attached to the Gokarella Police to pay a torture victim Rs. 20,000 as compensation, for assaulting a businessman in violation of his Fundamental Rights. The court ordered the first respondent Reserve Constable L. P. L. Lalithprema to pay Rs. 15,000 while the second respondent Gokarella OIC Indranath Janaka was ordered to pay Rs. 5,000. The State was ordered to pay the rest, Rs. 20,000 out of the total sum of Rs. 40,000 as compensation payable to the petitioner. Chief Justice Sarath N. Silva PC delivering the unanimous judgement observed that "it was a dangerous situation. A Police Constable in uniform used a club to mercilessly attack an unarmed person who did not have a blameworthy character." According to the judgment petitioner A. M. Vijitha Alagiyawanna who was a reputed businessman of the area, had visited the Mahapola Trade Fair and Exhibition along with some of his friends on July 26, 2003. On their return at the entrance the petitioner was brutally assaulted by the first respondent with a pole. Prince Perera with Ms. Sunethra Dias appeared for the petitioner. Viran Corea appeared for the first and second respondents. State Counsel Riyaz Hamza appeared for the IGP and the Attorney General. |
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