The Supreme Court has unanimously ruled that the then Acting Officer-in-Charge (OIC) of Welimada Police Station, Police Inspector Perera, violated the fundamental human rights of a citizen by behaving aggressively and using insulting and threatening language towards a lawyer who had visited the police station in the course of his professional duties.
The ruling was delivered after a lengthy hearing of a Fundamental Rights (FR) petition filed 10 years ago, in 2016, by Attorney-at-Law R.M. Sajith Bandara, who was the victim of the incident.
What happened at Welimada Police Station 10 years ago
The incident dates back to February 22, 2016, involving the theft of several electricity poles belonging to the Ceylon Electricity Board by a group that had arrived in a Sri Lanka Army lorry.
The OIC’s reaction
The petitioner’s lawyer had appeared before the then acting OIC of Welimada Police Station on behalf of army personnel who had come to give statements regarding the incident. The police officer, who was reportedly highly agitated, shouted: “We don’t need a black-coated lawyer for this.”
“Lizard and crocodile” remark
When the lawyer asked whether the army personnel were suspects or simply persons giving statements, the OIC allegedly responded aggressively, saying: “If I want, I can turn a lizard into a crocodile, and a crocodile into a lizard.”
Following the incident, the lawyer lodged complaints with the Bar Association, the Deputy Inspector General of Police, and the Human Rights Commission before filing a petition in the Supreme Court.
Supreme Court observations and legal stance
Delivering the verdict with the agreement of Justices Arjuna Obeyesekere, Sampath Abeykoon, and Gihan Kulatunga, Justice Arjuna Obeyesekere made several key observations regarding police authority and citizens’ rights.
The court noted that police officers are granted authority to enforce the law by the public, and no officer is issued a “licence” to abuse the rights of citizens.
Mutual respect
The Court further stated that any citizen who visits a police station is entitled to be treated with respect. It emphasised that police officers must act courteously towards lawyers, while lawyers too must maintain professional conduct, ensuring mutual respect between both sides.
Final ruling
After examining the evidence, the Court concluded that the respondent police inspector had acted aggressively, used insulting language, and failed to treat the lawyer with due respect.
Accordingly, the Supreme Court held that by denying the petitioner equal treatment before the law, the police officer had violated fundamental rights guaranteed under Article 12(1) of the Constitution.
Representation
President’s Counsel Salia Peiris and a legal team appeared for the petitioner; Attorney Jacob Joseph represented the respondent police inspector, and Senior State Counsel Induni Punchihewa appeared for the Attorney General.
