The Supreme Court has ordered a police constable attached to the Dompe Police Station to pay Rs. 100,000 in compensation from his own funds after finding that he assaulted a woman, in breach of her fundamental rights.
A three-judge bench comprising Justices Janak De Silva, Menaka Wijesundera and Sampath Wijeratne made the determination while allowing a fundamental rights petition filed by Jayasinghage Nirmala Kanthi. The court declared that Police Constable Lakmal (84253) had infringed her right under Article 11 of the Constitution.
The money must be paid within six months. Because it comes from the constable’s personal funds, the cost does not fall on the state.
The petitioner said she was subjected to physical and verbal assault by the constable on 7 October 2019. She had gone to the Dompe Police Station to deliver a lunch packet to her husband, who had been arrested by officers of the Special Task Force over an allegation of brewing illicit liquor.
She produced a medico-legal examination receipt, a diagnosis ticket from a hospital and photographs of her injuries. The court observed that the injuries visible in the photographs appeared to match those recorded in the medical documents.
The petitioner also filed an affidavit from the three-wheeler driver who took her to the police station and later drove her to hospital for treatment. The court said it supported her account of what happened.
Senior Counsel Himalee Kularatne appeared for the petitioner. Counsel Udaya Bandara, instructed by Kalana De Silva, appeared for the constable, and State Counsel Induni Punchihewa appeared for the Attorney General.
Background
Article 11 of the Constitution states that no person shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. Unlike many other fundamental rights, it is not subject to restrictions set out in the Constitution.
Under Article 126, the Supreme Court has the power to hear petitions from people who say their fundamental rights have been infringed by executive or administrative action, including the actions of police officers. Petitions must be filed within a time limit set by the Constitution, and the court can order compensation where it finds a breach.
The Special Task Force is a police commando unit that carries out operations including raids linked to illicit liquor and narcotics. The woman’s husband was arrested by officers of that unit before she went to the Dompe Police Station.
What it means
The ruling shows the type of evidence the court considered when it weighed the allegation: medical records, photographs and the statement of an independent witness who saw her before and after the incident. People who say they were mistreated at a police station may rely on similar material when they approach the court.
The decision also confirms that the court can order a police officer to pay compensation personally, rather than leaving the cost to public funds. The order came more than seven years after the incident described in the petition.
