Colombo – In a landmark ruling that underscores the judiciary’s stand against police brutality, the Supreme Court of Sri Lanka has ordered six former police officers from the Thambuttegama Police Station to pay a total of Rs. 1.2 million in compensation to a man who was unlawfully arrested and tortured in custody over a decade ago.
The judgment, delivered by Justice Priyantha Fernando with concurrence from Justices S. Thurairaja and Yasantha Kodagoda, follows a fundamental rights petition filed by Susil Priyanka Seneviratne. At the time of the incident in 2012, Seneviratne, a communication centre operator, was 27 years old.
Violation of Rights
The Court found that Seneviratne was falsely accused of participating in an anti-police protest and was arrested on August 2, 2012, for unlawful assembly. He maintained he had been at his business premises during the protest and had no involvement in the demonstration. The judges ruled that his arrest and susequent torture constituted a grave violation of his fundamental rights.
According to court documents, Seneviratne was severely beaten before and during his detention. He was struck on the head and ear with a motorcycle helmet and kicked multiple times, causing a ruptured eardrum and permanent hearing loss in his left ear, along with numerous other injuries.
Each of the six police officers—Police Constables Prasanna Karunajeewa, M.D. Jagathpala, M.G.A.T.B. Abeysinghe, Upali Herath, P.K.G.S.P. Prematunga, and Police Sergeant Karunatilake—has been ordered to pay Rs. 200,000 from personal funds. The total compensation must be paid within three months of the judgment.
Criminal Investigation
The Supreme Court further directed the Attorney General to launch a criminal investigation into the case and consider prosecuting the officers under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Act No. 22 of 1994.
The Court also found that the Officer-in-Charge of the Thambuttegama Police Station, Upula Seneviratne, violated the petitioner’s rights under Articles 12(1), 13(1), and 13(5) of the Constitution.
Seneviratne’s legal team was led by Counsel Pulasthi Hewamanna, with Linuri Munasinghe, instructed by Sanjeewa Kaluarachchi.
The decision marks a significant affirmation of constitutional protections and judicial redress in cases of police misconduct and custodial torture.