The Supreme Court has granted leave to proceed in a fundamental rights petition filed by former MP Dinesh Harsha Gankanda.
The petitioner alleged he was unlawfully arrested and assaulted by the police in the Ratnapura district and cited chief inspector R D Aluthgamage, sergeant Lakshman and several constables among others as respondent.
Mr. Gankanda in his petition said he was arrested during the campaign for the general elections which he contested from the Ratnapura district as a United National Party candidate.
He said that following information that his posters and cutouts were being removed by the police on March 11, he and a few of his supporters went to the scene.
He said a police officer who was removing his posters told him that he was following instructions from the Kahawatte OIC. Mr. Gankanda said he then went to the police station to lodge a complaint but the OIC and other police officers abused him in foul language and assaulted him.
He also claimed that the OIC was drunk and brandishing his revolver in a threatening manner fired one shot whizzing past his ear.
He said the assault continued in the presence of the area SSP, whom he cited as the eighth respondent in the petition, even after he pleaded with them not to assault him and told them that he had a neck ailment.
Mr. Gankanda said he was not released despite the efforts of his father and UNP MP Thalatha Athukorala.
He was produced before the Pelmadulla acting magistrate who released him on bail after obtaining a report from the JMO.
Mr. Gankanda claimed that the ‘B’ report the police submitted was a fabricated one and he had received a second opinion from a neurologist who recommended that he should be admitted to the Ratnapura General Hospital.
He said his unlawful detention and assault violated his fundamental rights.
The bench, comprising Chief Justice Asoka de Silva, Justices S. Marsoof and P A Ratnayaka, granted leave to proceed and listed hearing for December 16.
Romesh de Silva PC appeared for Mr. Gankanda whiel Senior State Counsel Riyaz Hamza appeared for the State..
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