SC rules police violated fundamental rights of bus owner by unlawfully arresting him

The Supreme Court has ruled that a group of six police officers, including the former Officer-in-Charge (OIC) of the Kottawa Police Station, violated the fundamental rights of a private bus owner by unlawfully arresting him without just cause.

Delivering the verdict, court ordered that the officers jointly pay Rs. 1 million in compensation to the petitioner from their personal funds.

The judgment was delivered by Justice Menaka Wijesundara, with the concurrence of Justices Yasantha Kodagoda and Janak de Silva, following a fundamental rights petition filed by a resident of Kottawa.

According to the petition, the incident occurred on the night of July 9, 2016, when the petitioner was arrested without any valid reason, forced to kneel, threatened with a pistol to his head, and beaten. The officers later falsely accused him of possessing heroin and produced him before court, leading to his remand detention.

Justice Wijesundara, in delivering the verdict, stated that after examining all evidence, it was clear the petitioner had been subjected to cruel, inhuman, and degrading treatment while in police custody, violating his fundamental rights under the Constitution.