| Case Reference/ File No | SCFR Application No:26/2009 |
| Case Name | Dodampe Gamage Asantha Aravinda Vs. Atapattu (21899) Police Sergeant, Police Station, Pitabeddara and Others |
| Court | Supreme Court |
| Date of judgement | 2.8.2016 |
| Judges | Eva Wanasundera PC, J Sisira J de Abrew J K T Chitrasiri J |
| Parties | Petitioner Dodampe Gamage Asantha Aravinda, No,466, Madawalamulla, Galle. Vs. Respondents 1. Atapattu (21899) Police Sergeant, Police Station, Pitabeddara. 2. Bandu Saman (64017) Police Constable, Police Station, Pitabeddara. 3. Jinadasa (24187) Police Sergeant, Police Station, Pitabeddara. 4. Hemachandra (22331) Police Sergeant, Police Station, Pitabeddara. 5. Edirisinghe (25156) Police Sergeant, Police Station, Pitabeddara. 6. Karunarathne (858) Police Sergeant, Police Station, Pitabeddara. 7. Gamini (58881) Police Constable, Police Station, Pitabeddara. 8. Wajira (14705) Police Constable, Police Station, Pitabeddara. 9. Jayawardane (62785) Police Constable, Police Station, Pitabeddara. 10. Sugath (3089) Police Constable, Police Station, Pitabeddara. 11. Officer in Charge, Police Station, Pitabeddara. 12. P.V. Chandrasiri, Naththawila Road, Tennahena, Pitabeddara. 13. Deputy Inspector General of Police of Southern Range, Office of the Deputy Inspector General of Police of the Southern Range, Galle. 14. Inspector General of Police, Sri Lanka Police Head Quarters, Colombo 01. 15. Honourable Attorney General, Department of the Attorney General, Colombo 12. |
| Keywords | Aggrieved party, torture, acid burns, |
| Head note | |
| Brief facts | When the petitioner was riding his motor cycle with his friend, a lorry driven by the 12th Respondent knocked at his motor cycle. Then both of them fell on the road with the motor cycle. According to the Petitioner the 12th Respondent deliberately did the said act due to an argument that took place a little prior to this incident. After the accident the 12th Respondent fled the scene. Thereafter the Officer-in-Charge (OIC) of Pitabeddara Police Station, with the 1st to the 9th Respondents and 12th Respondent, arrived at the scene of the incident. Then they started assaulting the Petitioner and his friend without any reason. The Petitioner pleaded for some water. The 12th Respondent opened the mouth of the Petitioner and poured some liquid into his mouth. The Petitioner realized that this liquid was acid and threw it away. At this moment the 12th Respondent threw the balance portion of the liquid in the cup to the Petitioner’s face. The Petitioner sustained acid burns on his face and the left eye. The petitioner and his friend were later taken to the police Station. They were assaulted at the police station as well. The Petitioner’s father and the brother of the petitioner’s friend visited them on 29.2.2008, but they were not permitted to speak to them. On 1.3.2008 around 8.00p.m the Petitioner and his friend were taken to Morawaka hospital by the police and the Medical Officer who examined them transferred them to the general Hospital Matara. The Petitioner stated that due to the acid burns his left eye is permanently blind. According to the joint statement of objections filed by the 1st and 10th respondents, on 29.2.2008 (not on 28.2.2008) around 17.25 hours, the OIC Pitabeddara received an information that two people on a motor cycle after shooting the 12th Respondent fleeing from the scene. On receiving this information, the OIC Pitabeddara and the 1st to 10th Respondents rushed to the scene. According to the investigation notes OIC Pitabeddara found an empty T 56 cartridge and a motor cycle. He, with the assistance of the police officers and the villagers, searched the areas. After sometimes villagers shouted saying that the suspect was coming to the road. At the moment somebody in the crowd threw some liquid to the person who was coming to the road. Then the OIC Pitabeddara arrested the said person. According to the National Identity Card found in his trouser pocket, this person is the petitioner in this case. There was a live hand grenade in his trouser pocket. The petitioner’s friend was arrested in a nearby jungle when he was aiming a gun at OIC Pitabeddara. OIC Pitabeddara took the said gun into his custody. There was a live hand grenade and three live T56 cartridges in his possession as well. According to the affidavit of 12th Respondent, a motor cycle overtook his lorry on 29.2.2008 and the petitioner in this case opened fire at his lorry. Then the motor cycle collided with his lorry. Afterwards he stopped his lorry and in fear he fled the scene and went into hiding in a nearby tea estate. He later came to the scene of offence after the police arrived. Petitioner’s father had made a complaint to the national human Rights Commission. The court decided in this case that the OIC Pitabeddara has violated the fundamental rights of the Petitioner guaranteed by Article 11 and 12(1) of the 1978 Constitution and the 1st to 10th Respondents have not violated the fundamental rights of the Petitioner. |
| Judicial Precedence | The petitioner’s father can be considered as an aggrieved person under the Section 13(1) of the HRC Act No.21 of 1996 because of following circumstances. The Petitioner received acid burns on his face and the left eye and was in hospital.On two B reports filed by the Police against the petitioner he was remanded and he was granted bail on 21.11.2008. |
| Legislation Title | HRC Act No.21 of 1996, Constitution of Sri Lanka |
| Area | Torture, fundamental rights |