Businessman alleges brutal assault by police

By Telles Anandappa

The Supreme Court has granted leave to proceed with a fundamental rights application filed by a businessman who complained he was assaulted by the Homagama police.

The petitioner M.D. Nandapala of Panadura cited Homagama Police Sergeant Sunil and Police Constables Kumara and Nimal, Homagama OIC, the IGP and the Attorney General as respondents.

In his petition Nandapala said he was a businessman dealing in the manufacture and sale of steel furniture. He said on May 22 he and three of his workers Koralage Piyasoma, Ambarage Malith Alwis and Pathirage Don Asanka were travelling in his vehicle after attending to some work at Kirindiwela. He said around 10 p.m. his vehicle was stopped by the police at a checkpoint at Godagama. One police officer checked his documents and then asked him to proceed. When he was about to start his vehicle Seargent Sunil came up to him and said he wanted to search the vehicle.

While searching, a small knife he used for cutting plastic sheets was found in the cubby hole of his vehicle. He said he and his workers were then taken to the Homagama police station and assaulted by Sergeant Sunil and PC Kumara. He said he was taken to a place outside the station and assaulted with a hose pipe and his driving licence taken away by the sergeant.

When his wife heard about the unlawful arrest she had visited the station with her nephew and spoken to the OIC after which all of them were released The petitioner said that as he was suffering from severe pain he got himself admitted to the Panadura base hospital on May 25 and was examined by the Judicial Medical Officer. Nandapala said he complained to the Senior Suprintendent of Police, Homagama and his statement was recorded.

He said that when he went to the police station to get back his driving licence he was asked to make a statement that he had lost his licence and to make a fresh application for a licence, which he refused to do.

He said that due to the unlawful arrest and brutal assault his fundamental rights were violated.

The Court directed the Registrar to call for the medical report relating to the examination and treatment of the petitioner from May 25 to May 27.

The Bench comprised Justices N.K Udalagama Rajah Fernando and G.Amaratunge.