October 14, Colombo (LNW): In a The Supreme Court of Sri Lanka has found six officers attached to the Kottawa Police responsible for serious violations of fundamental rights, including unlawful arrest, physical abuse, and a fabricated narcotics charge against a private bus operator.
The ruling, issued yesterday (13), came as part of a fundamental rights petition filed by Vithanage Sunil, a bus owner operating two vehicles along the Kottawa–Pettah route. The bench, led by Justice Menaka Wijesundara and supported by Justices Yasantha Kodagoda and Janak de Silva, concluded that the conduct of the officers amounted to a gross abuse of power. The Court ordered that a sum of Rs. 1 million be paid to the petitioner as compensation—personally borne by the officers involved.
According to the details presented in court, the incident occurred on the night of July 09, 2016. Mr Sunil had been returning home after visiting a friend when he was intercepted by a group of policemen. Without warning or explanation, a firearm was allegedly pointed at his head, he was forced to the ground, physically assaulted, and subsequently accused of heroin possession—a charge he vehemently denied from the outset.
Despite being remanded following his arrest and produced before the Homagama Magistrate’s Court, a medical report later confirmed that Mr Sunil had sustained injuries to multiple parts of his body while in police custody. Further, an investigative report showed no evidence of drug use, casting serious doubt on the legitimacy of the accusation.
In delivering the verdict, Justice Wijesundara observed that the treatment meted out to the petitioner amounted to degrading and inhumane conduct, constituting a violation of Article 11 of the Constitution, which guarantees protection against torture and cruel treatment. The Court criticised the lack of credible justification for the arrest and noted that the officers’ explanations were riddled with inconsistencies and suspicion.
The officers held accountable include then-Officer-in-Charge L.P.B. Samarasinghe, Inspector Cyril Perera, Sub-Inspector Premasiri, and Constables Nandana Piyal, Sampath, and Chandra Niroshan. The ruling sends a clear message regarding the consequences of police misconduct, reaffirming the judiciary’s role in safeguarding civil liberties.
