SC to inquire into Kuruwita prison death

Wasantha Ramanayake

COLOMBO: The Supreme Court on Wednesday decided to inquire into the alleged assault on the businessman by the Kuruvita Prison Officials, who was later succumbed to his injuries, in the Fundamental Rights application filed by the wife of the deceased.

The Court granted Leave to proceed with the alleged violations of rights of the petitioner's husband. The petitioner claimed that her husband's right to protection from the cruel, inhuman and degrading treatment, illegal arrest etc had been violated by the respondents, Police and Prison officials.

The Bench comprised Justices Dr. (Mrs.) Shirani Bandaranayake, Nimal Dissnayake and Saleem Marsoof, PC. The Court ordered the Colombo National Hospital Director to submit all the relevant medical certificates to the court.

The counsel submitted that the Respondent Police Officers were interested in their ulterior motives than the conducting of a proper investigation.

The respondent officer never had taken pain to ascertain whether the deceased's phone had been used to make calls to the school before they travelled twice to Colombo to apprehend first one of the employees of the deceased and then to arrest the deceased on June 28 night. He was produced before the Ratnapura Magistrate and was committed to the remanded on June 29.

The counsel submitted that although there had been anonymas phone calls that there were some bombs at the Mihindu Vidyalaya, Ratnapura on June 26, the Police had not taken pain to ascertain whether such calls had been really originated from the deceased's cellular phone before they had travelled twice to Colombo to apprehend the deceased and his employee.

The Counsel submitted that the Police on July 3, informed the Magistrate that the deceased and his employee were innocent and that they had not made any such phone calls.

He submitted that the respondent Prison officers had assaulted the deceased mercilessly until he was unconscious. He submitted that the petitioner's husband died without gaining consciousness at the National Hospital on July 6.

The counsel submitted that the petitioner had three children. He submitted that the petitioner who was a cancer patient undergoing treatment from 2003 had been deeply depressed by the inhuman actions of the respondents.

Petitioner Chitra Perera Amarasinghe of Kotte, wife of the deceased Mudalige Sunil Fermin Perera cited two casual Prison Guards of the Kuruvita Prison, the Prison OIC, Chief Jailor Dhammika Dassanayake, its Superintendent Denzil Premaratne, Police Sergeant Gamini Jayaratne of the Special Crime Investigation Unit of the Kuruvita Police, its OIC Bernard Solange Arachchi, Kuruvita Crime OIC Wimal Rathnasiri, HQI Lalith Pussella, Commissioner General of Prisons and the Attorney General as respondents.

The petitioner stated that her husband was the proprietor of the Business named "Balloons Balloons" that undertook decoration for parties. She stated that there had been a function at the Mihindu Vidyalaya in Ratnapura and he had undertook some decorations.

She stated that the dealings had been finished by April 6 and thereafter her husband had not contacted the school. She alleged that the respondents falsely and illegally arrested her husband on June 28, allegedly for spreading rumours without proper investigation.

She also alleged that the respondent prison officials had mercilessly assaulted the deceased and moreover kept unattended and denied him medical care while he was lying unconscious after the severe beatings.

Shan S. Senanayake appeared for the petitioner. The hearing was fixed for November 24.