The Supreme Court has ruled that the fundamental rights of Neth FM radio presenter Thilina Rajapaksha were violated by officers attached to the Alawwa Police Station, over an incident involving his alleged assault, illegal arrest, and unlawful detention.
The judgment, delivered yesterday (22) by a bench comprising Chief Justice Preethi Padman Surasena and Justices Priyantha Fernando and Sampath Abayakoon, held that Police Sergeants K.G. Ravindra Kumara, B.M.S.S. Wijebandara, and Police Constable Jayasundera had violated Rajapaksha’s constitutional rights under Article 11 (freedom from torture and cruel treatment) and Article 12(1) (equality before the law).
The incident took place on 1 March 2021 near Walakumbura, Alawwa. Rajapaksha, an Executive Presenter/Producer for Neth FM, alleged that after being stopped by police for overtaking a car, he was verbally abused and assaulted when he began recording the encounter. Despite identifying himself as a media professional, he was allegedly beaten by the officers, dragged to the ground, and taken to the Alawwa Police Station after being handcuffed.
Rajapaksha was later hospitalised at the Kurunegala Teaching Hospital, where a Medico-Legal Report confirmed ten injuries, including a dental fracture. The officers denied the allegations, claiming the injuries were self-inflicted and that Rajapaksha had resisted a spot fine.
Rejecting the defence, the Supreme Court ruled that the injuries were consistent with the petitioner’s account and could not have been self-inflicted. The Court underscored that Article 11 is an “unqualified and non-derogable right” that the police, as an organ of the State, must uphold.
The Court found the officers guilty of subjecting the petitioner to physical violence and arbitrary conduct that violated his constitutional rights.
Under Article 126(4) of the Constitution, the Supreme Court ordered:
- The three officers to personally pay Rs. 25,000 each in compensation to Rajapaksha within two months.
- The Attorney General to initiate a criminal investigation into the incident.
- The Attorney General to consider filing criminal proceedings against the officers upon completion of the probe.
