Supreme Court rules in favour of woman wrongfully detained over clothing design

Date:

July 31, Colombo (LNW): In a significant ruling underscoring the importance of safeguarding individual liberties, Sri Lanka’s Supreme Court has found that a senior police officer violated the fundamental rights of a woman who was unjustly arrested and detained over a misinterpreted clothing design.

The case centred around an incident in 2019, in which Abdul Raheem Masaheena, a 47-year-old resident of Kolongoda, was taken into custody by police officers attached to the Hasalaka Police Station.

The arrest was based on the claim that her attire featured a symbol allegedly resembling the Dhammachakra, a revered emblem in Buddhism.

However, the woman maintained—and it was later accepted—that the design on her garment in fact depicted a ship’s wheel, bearing no religious connotation.

The Supreme Court, after reviewing the evidence, concluded that Masaheena’s constitutional rights had been infringed. The bench, comprising Justices Yasantha Kodagoda, Kumudini Wickremasinghe, and Shiran Gooneratne, unanimously upheld her petition.

As a consequence, the former Officer-in-Charge (OIC) of the Hasalaka Police Station has been ordered to pay Rs. 30,000 in compensation from his personal funds as a form of redress for the wrongful arrest and detention.

Masaheena, who had been held in remand at Badulla Prison from May 18 to June 03, 2019, filed the application seeking not only personal justice but broader institutional accountability. Her petition requested that the Attorney General and the Inspector General of Police pursue investigations and disciplinary measures against those responsible for the violation of her rights.

In her application, the petitioner emphasised that there was no intent on her part to disrespect or cause offence to any religion or cultural belief. She asserted that her arrest was a result of a misjudgement and a failure by the authorities to ascertain the facts before taking punitive action.

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