The Supreme Court, on October 22, directed the Attorney General to initiate a criminal investigation into the conduct of three officers attached to the Alawwa Police, accused of verbally abusing, assaulting, and subjecting a journalist from a private radio channel to inhuman treatment. The Court further ordered that criminal cases be filed against the officers if sufficient evidence is found.
This order was delivered by Justice Priyantha Fernando, with the concurrence of Chief Justice Preethi Padman Surasena and Justice Sampath Abeykoon, after hearing a fundamental rights petition filed by journalist Thilina Rajapaksa.
According to the judgment, Sergeants Ravindra Kumara and B.M.S.S., along with officers Wijebandara and Police Constable Jayasundara, were found guilty of violating the petitioner’s fundamental rights. The Court ordered the officers to personally pay Rs. 25,000 each, amounting to a total of Rs. 75,000, to the petitioner as compensation.
The petitioner stated that he was employed as a journalist with the Neth FM radio channel.
Allegations of Assault by Police
In his petition, Rajapaksa alleged that on March 1, 2021, around 1.00 p.m., while riding his motorcycle from Polgahawela towards Colombo, he was stopped by the respondent officers, who accused him of violating traffic rules by attempting to overtake a vehicle on a white line.
He further stated that when he attempted to present evidence to prove his innocence, the officers verbally abused him using obscene language. When he tried to record their behavior on video, the officers allegedly kicked him.
The petitioner claimed that he was handcuffed and transported to the police station in a three-wheeler. He informed the Officer-in-Charge (OIC) of the Alawwa Police that he was a journalist, and that DIG Ajith Rohana had also spoken to the OIC over the phone regarding the incident.
Rajapaksa stated that following this conversation, the OIC apologized to him, and he was later hospitalized due to his injuries.
He further alleged that a ‘B Report’ was subsequently filed in court, accusing him of obstructing the duties of a public servant, after which he was remanded in custody and later released on bail.
The petitioner sought a ruling from the Supreme Court declaring that his fundamental human rights were violated by the arbitrary actions of the respondent police officers.
Supreme Court Ruling
After reviewing all evidence and submissions, the three-judge bench concluded that the conduct of the respondent officers was arbitrary and contrary to due legal procedure.
Accordingly, the Court ruled that the officers had violated the petitioner’s fundamental rights and issued orders directing the Attorney General to proceed with criminal investigations and appropriate legal action based on the findings.
