The Supreme Court yesterday (18) ruled that two senior police officers from the Uragasmanhandiya Police — the then Officer-in-Charge (OIC) of the station and the OIC of the Crimes Division — violated the fundamental rights of a young man by subjecting him to cruel and inhumane treatment while in custody over a 2019 gold theft investigation.
The Court ordered both officers to pay compensation of Rs 1 million each from their personal funds to the petitioner, along with legal costs. These payments must be completed within six months, according to the ruling.
Further, the Supreme Court directed that a copy of the judgment be sent to the National Police Commission to consider appropriate disciplinary or administrative action against the two officers — identified in court as OIC Harith and Crimes OIC Hiran of the Uragasmanhandiya Police Station.
The judgment was delivered by Supreme Court Justice Shiran Gunaratne with concurrence from Justices S. Thurairaja and A.H.M.D. Nawaz, following the hearing of a fundamental rights petition filed by P.A.S. Madhushan, a resident of the Mathugama area.
According to the petition, Madhushan voluntarily went to the Uragasmanhandiya Police Station accompanied by a lawyer after learning that police were searching for him in connection with a gold theft at his workplace. He stated that the police had assured his lawyer that he would be released after recording a statement. Following this assurance, the lawyer left the premises.
However, Madhushan alleged that he was then forcibly taken into a room at the back of the Crimes Division, his hands were handcuffed, and he was beaten by the Crimes OIC with the help of another officer. He claimed he suffered severe pain in his hands and back as a result.
He further alleged that the officer went on to assault him in his genital area, causing such intense pain that he lost consciousness.
On the following day, the OIC of the station allegedly informed Madhushan that a payment of Rs 300,000 must be made to the owner of the jewellery store to settle the matter, after which he was granted police bail.
Madhushan stated he had to be hospitalised for 12 days at the Nagoda General Hospital due to the injuries sustained during the assault.
The respondents denied all allegations. However, after reviewing the evidence and medical reports submitted to court, the Supreme Court held that the police officers failed to provide sufficient justification for his arrest and detention and confirmed that the petitioner had been subjected to severe torture.
The Court concluded that the petitioner’s fundamental human rights under the Constitution had been violated, and delivered its ruling accordingly.
President’s Counsel Shantha Jayawardhana appeared for the petitioner, supported by a legal team.
