Case Reference/File No	SC FR Application No. 112/2010
Case Name	Ishantha Kalansooriya Vs. Karunaratne Inspector of Police, Officer In charge of Police Station, Poddala and others
Court	Supreme Court
Date of judgement	04.08.2017
Judges	Priyasath Dep, PC. J Sisira J. de Abrew, J. Nalin Perera J.
Parties	Petitioner   Ishantha Kalansooriya “Jayanthi” Narawala, Poddala And also at No. 267, School Lane Borrelesgamuwa   Vs.   Respondents   1. Karunaratne Inspector of Police Officer In charge of Police Station Poddala.   2. Indika Sub Inspector of Police Police Station, Poddala.   3. Saminda Police Constable Police Station Poddala.   4. Mahinda Balasuriya (Now retired) Pujith Jayasundera Inspector General of Police of Sri Lanka Police Headquarters.   5. Hon. Attorney General Attorney General’s Department Colombo 12.
Keywords	Torture, balance of probability
Head note
Brief facts	The Petitioner prior to the 2010 Presidential Election went to his native place at Poddala and he was assisting Dr Romesh Pathirana, the organizer of SLFP for election. The Petitioner received a call from Sarath, while he was travelling along with his friend Nalin by bike, that Sarath to inquire about a matter involving one of his friends. According to the petitioner they had a friendly conversation to resolve a minor dispute regarding a verbal abuse which had taken place between Somasiri Madanayake and Sarath. Within few minutes the 1st Respondent came in a police jeep along with the 2nd and the 3rd Respondents and few other police constables and without making any inquiry slammed and punched his face whilst the other constables hit him with their weapons. Thereafter the Petitioner was dragged and took him inside the police jeep and drew away. He was given no reasons for his arrest. He was assaulted in the police station by the 1st respondent with the support of 2nd and 3rd respondents and other police constables. The Petitioner was taken to Baddegama Hospital and was taken back to Poddala police station and he was handcuffed again and put to the police cell. Subsequently,  Assistant Superintendent of Police instructed the 1st Respondent to record a statement from the Petitioner Thereafter he was released from the police custody on police bail. The Petitioner got himself admitted to the Karapitiya Teaching Hospital. According to the 1st Respondent, he was on mobile petrol when he received information from Sarath that the Petitioner was engaged in an act of violence and he proceeded to the scene and arrested the Petitioner. Sarath confirmed the information given by him when he made a statement to the police to the effect that the Petitioner and two others threatened to kill him and tried to assault him. Respondent alleged that the Petitioner after he was released on police bail went and got admitted to Karapitiya hospital and fraudulently changed his minor non-grievous injury to grievous hurt with the help of the local Member of Parliament Dr Ramesh Pathirana in order to file this application. The court had to consider whether or not the Petitioner has established his case on balance of probability. The Court held; Since the 1st Respondent had reasonable ground and also had credible information to arrest the Petitioner arrest of the Petitioner is lawful there is no violation of Article 13 (1) of the Constitution. Even though the plaintiff complained that he had serious injuries, according to the medical legal report he had a non -grievous injury. He had given an exaggerated version of the events. Accordingly, the version given by the Respondents is more probable than the version given by the Petitioner. The Petitioner had failed to establish his case on balance of probability.
Judicial Precedence	As there is an allegation of torture, cruel and inhuman and degrading against the Respondents if a finding is made against them it will affect their employment and expose them to a prosecution under Convention Against Torture Act No.22 of 1994. Therefore in cases of this nature high degree of proof is required to establish the case though the required standard of proof is not beyond reasonable doubt.
Legislation Title	Constitution of Sri Lanka, Convention Against Torture Act No.22 of 1994.
Area	Torture, fundamental rights