The Supreme Court granted leave to proceed in a fundamental rights petition by the wife whose husband had allegedly been killed while in police custody.
The petitioner Tharanga Lakmali cited Crime OIC Niroshan Abeykoon, Police Sergeant Wasantha Suraweera, Constables Sangappullige Chaminda and Pushpakumara, Inspector Peter, Chief Inspector Vijitha Kumara, ASP Ananda Samasekera, the IGP, Judicial Medical Officer Dr. Uthpala Attygala and the Attorney General as respondents.
The deceased Ajith Prasanna was a businessman owning extensive paddy fields and plantain groves and supplying their produce to the private residence of Speaker Chamal Rajapaksa.
She said her husband was arrested in September 2010 along with Omalpe Vipula Sajith Gunawardena, Senerath Pathuranage Dimutha Chathuranga and ‘Sudu Malli’ who were with him at his residence. The petitioner states that her husband was shot by Constable Chaminda when he had tried to grapple with the constable while trying to grab his gun and the gun had accidentally gone off as claimed by the Police.
The petitioner said that she was not allowed to even see the body of her husband at the morgue with only his face being shown.
She stated that on September 20 she requested a post-mortem by another JMO as she had no confidence in the post-mortem carried out by Dr. Attygala which was disallowed.
She alleged that her husband was arrested, without any credible material, on false charges, with regard to a murder that was committed.
Justices Shiranee Thilakawardena and K. Sripavan granted leave to proceed and listed the case for September 29.Attorney Saliya Pieris appeared for the petitioner.