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SC grants leave to proceed in FR case

The Supreme Court granted leave to proceed against some officers attached to the Police Narcotics Bureau.

The Bench comprised Justice Saleem Marsoof PC, Justice S I Imam and Justice Sathya Hettige PC.

The FR application was filed on behalf of Rukmali Norwalk, a US citizen, by President's Counsel Upali Gooneratne, stating that some of the officers attached to the PNB, had violated his client's rights under Articles 11 by torture and under Article 13 (1) by wrongful arrest.

Senior State Counsel Lakmali Karunanayake appearing on behalf of the Attorney General, had submitted to court that the medico-legal report before court had not disclosed any injuries on her.

President's Counsel Upali Gooneratne in reply to the Senior State Counsel, submitted that the Supreme Court had ample authority and it was not mandatory for them to be physical injuries to prove torture and that even emotional harm alone sufficed.

The President's Counsel also quoted from the JMO's opinion in the same report referred to by the Senior State Counsel , which had expressly stated that the absence of such injuries could be explained by the lapse of time and other circumstances of the case. After submissions by Senior State Counsel Lakmali Karunanayake and President's Counsel Upali Gooneratne, the Bench granted her relief under para (d) of the prayer, requesting the PNB to furnish the detention order, original notes of her arrest and the notes of the investigation conducted by them into this matter, when it is to be mentioned on the next date, February 23, 2012.

President's Counsel Upali Gooneratne with Attorneys Mahesh Wakishta and Gayan Prasantha, appeared for the petitioner, US citizen Rukmali Norwalk.

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