SC grants leave to proceed in FR case
Sarath MALALASEKERA
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. |