Mason files F/R against Moratuwa police
Wasantha Ramanayake
The Supreme Court yesterday granted Leave to Proceed with the
Fundamental Rights application filed by a mason who complained to the
court that the Moratuwa Police had illegally arrested and wrongfully
implicated him in a heroin case.
The Bench comprised Chief Justice Asoka de Silva, Justice Saleem
Marsoof PC and Justice Ms. Chandra Ekanayake.
Counsel Charmaine Gunaratne appearing for petitioner Sarath Kumara
Naidos (37) submitted that the respondent Police officers, who had
arrested the petitioner, had developed an animosity towards the
petitioner since he had complained to the Human Rights Commission (HRC),
National Police Commission (NPC) and some superior Police Officers that
the respondent police officers had assaulted him.
The counsel submitted that the respondent Police officers had filed
two cases in respect of possessing heroin and house break in the
Magistrate Court.
The Counsel submitted that the respondents never alleged or
questioned him of possessing heroin while in the police custody but had
threatened him that they would implicate him in a bomb case.
She submitted that the petitioner denied any involvement in the
house-braking and possessing heroin but he had once pleaded guilty to
the charge of having cannabis in his possession.
Counsel submitted that the petitioner was discharged from the case
against the house breaking on November 29, 2008. However, he was
wrongfully remanded in connection with the case involving possessing
heroin.
The petitioner cited IP Damith, PC Kavinda of the Moratuwa Police
Station, OIC Moratuwa, the Moratuwa Division Police Superintendent, the
IGP and the Attorney General as respondents.
The petitioner complained that as a result of his wrongful and
illegal incarceration he had suffered a grave physical, psychological
damages and incurred a financial loss. He sought a declaration that his
rights had been violated by 1-3 respondents and an order to stop the
proceedings in the Magistrate court. Counsel Charmaine Gunaratne
appeared for the petitioner.Senior State Counsel Riyas Hamza appeared
for the respondents.
The hearing was fixed for October 10. |
