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Tuesday, 13 July 2010

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Notice issued on three respondents

Angulana case :

The Supreme Court directed to issue notice on three respondents who were absent and unrepresented when the Fundamental Rights application filed in connection with the death of two youths while in the custody of the Angulana Police was mentioned before the court, yesterday.

The Court noted that respondent police officers PC T. Gayan Chathuranga Totawatte, J. Dhammika Nihal Jayaratne and G.A. Janapriya were absent and unrepresented.

The Court order was a sequel to the application by Counsel Chula Bandara for petitioners who moved to issue notice on the respondents. The Bench comprised Justice Dr. Ms. Shirani Bandaranayake, Justice K. Sripavan and Justice R.K. S. Sureshchandra.

In this application two petitioners, Swarnalatha Aponsu, mother of the deceased Danushka Udyakantha and Devika Fernando, mother of the deceased Dinesh Tharanga Fernando of Angulana cited PC T. Gayan Chathuranga Totawatte, IP Roshan Bandara Navarathne, PC G. Indrawansa Kumarasiri, PC Anura Pradeep Kumara, all in remand prison and IP Vinie Newton, Chamal Thushara of Angulana, J. Dhammika Nihal Jayaratne of Kebithigollewa, D.M. Nishantha Dissanayake of Mahiyanganaya, G.A. Janapriya, the IGP, the Attorney General as respondents.

The petitioners stated that the deceased youths were breadwinners of two families as their fathers were not gainfully employed.

The petitioners stated that the youths had been a nuisance to a family, who lived in a makeshift house in Angulana, and they had subsequently complained to the Angulana Police Post. They stated that they were arrested by the respondent Police officers attached to the Angulana Police Post and had been brutally assaulted thereafter.

They stated that their bodies were later recovered close to the railway track.

The petitioners sought compensation in a sum of three million rupees each and a declaration that the respondents had violated the rights of the petitioners and their dead sons.

Counsel Chula Bandara instructed by Preenath Fernando appeared for the petitioners.

Senior State Counsel Riyaz Hamza appeared for the IGP and the Attorney General.

The application will be mentioned on September 16.

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