News
Kalutara cop who broke teeth bashing rider with helmet, ordered to pay up
View(s):By Mimi Alphonsus
A Kalutara traffic policeman who struck a motorbike rider in the face dealing “two hard blows” with a helmet after a stop at night in 2012, was ordered by the Supreme Court this week to personally pay Rs 100,000 as compensation to the victim.
The ruling came on July 7.
The rider, Manoj Shamika, suffered severe fractures and broken teeth among other injuries.
Mr Shamika also faced unfair treatment from the police inquiry.
The incident took place in 2012 and was finally resolved when a three bench panel found that Mr Shamika’s fundamental rights had indeed been violated.
The police version of events — that Mr Shamika had sped past police when asked to stop and collided with a wall — was dismissed. The policeman violated Article 11 of the Constitution which protects people against torture, the judgment said.
A police inquiry did not find any wrongdoing on the part of the officers.
However, the court determined that this investigation was unsatisfactory and raised several issues with how it was done. “Did the Petitioner or his friend give evidence?” the judges ask. “Was it only the police officers who gave evidence?” The judgment found the inquiry to have resulted in a “bare report” and castigated the police handling of the case.
Crucially, they held the Inspector General of Police responsible for failing to scrutinise the inquiry, stating that holding an inquiry alone was not sufficient discharge of duties, given the questionable findings. The court also condemned the accused officer’s supervisor for failing to appear before court or file objections The court found that the police treatment of the case amounted to “a violation of Article 12 of the Constitution which entitles people to equal treatment before the law”.
The state was ordered pay the aggrieved party, Mr Shamika, Rs. 30,000 and Rs. 25,000 while the police officer who assaulted him was ordered to pay Rs. 100,000. The police legal department said it will begin disciplinary proceedings against the officer in light of the court decision.
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