The Supreme Court has ordered a Police Constable attached to the Dompe Police Station to pay Rs. 100,000 in compensation from his personal funds within six months, after holding that he violated the fundamental rights of a woman by physically assaulting her.
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 the first respondent, Police Constable Lakmal (84253), had infringed the petitioner’s fundamental right guaranteed under Article 11 of the Constitution, which prohibits torture and cruel, inhuman or degrading treatment or punishment.
The petitioner alleged that she was physically and verbally assaulted by the constable on 7 October, 2019, when she visited the Dompe Police Station to deliver a lunch packet to her husband. He had been arrested by Special Task Force officers over an allegation of brewing illicit liquor.
In support of her case, she produced medical documents, including a medico-legal examination receipt and a diagnosis ticket, along with photographs of her injuries. The Court observed that the injuries in the photographs appeared to correspond with those recorded in the medical documents.
Her account was further corroborated by an affidavit from the three-wheeler driver who took her to the police station and later drove her to hospital for treatment.
Senior Counsel Himalee Kularatne appeared for the petitioner. Counsel Udaya Bandara, instructed by Kalana De Silva, appeared for the first respondent, while State Counsel Induni Punchihewa appeared for the Attorney General.