Discrepancy in NIC:

Arrested youth seeks Supreme Court intervention

Wasantha RAMANAYAKE

The Supreme Court on decided on Monday to hear a rights plea of a youth who was arrested and detained for having in his NIC, a male-female discrepancy.

The Bench comprised Justice Nimal Gamini Amaratunga, Justice P.A. Rathnayake PC and Justice Chandra Ekanayake.

Petitioner Gayan Dharmapala Senarathne (27) an employee of a private company stated that he was arrested by the Army manning a checkpoint along Baseline Road, near Dematagoda while returning home after work around 4.30 in the early morning on March 25. He cited OIC Dematagoda, OIC Minor Offences, Dematagoda, the IGP, Commissioner of Registration of Persons, the Army Commander and the Attorney General as respondents.

He stated that the Army personnel who was on duty after looking at his National ID issued by Commissioner of Registration of Persons arrested him and handed him over to the Dematagoda Police. He stated that he was not told the reason for the arrest. He stated that the Dematagoda Police having questioned, assaulted and then put him in the cell.

The petitioner stated that the Police refused to release him even his father who is an attorney-at-law appealed on his behalf to him to release him. He stated that his father had pointed out to the Police that it was not an non-bailable offence.

His father had also asked the respondent police officers that his son has been using the ID for ten years. He had also requested them to clarify the matter with the respondent Commissioner of Registration of Persons.

The petitioner added that when his mother visited the office of the Commissioner she was informed that such discrepancies were common and the Act had prevented the Police from prosecuting such incidents without the written approval of the Commissioner.

He stated that despite the repeated requests the respondent Police officer have not returned his NIC even to obtain a new one. This has been virtually restricted his movements.

He stated that the Hulftsdorp Magistrate Court released him on surety bail in a sum of Rs. 100,000, although the Police had objected. The petitioner seeks Court declaration that his rights had been violated by the respondents and compensation in one million rupees.