Police torture leading to the death of a father of three SC awards Rs.900,000 compensation to children

By Lakmal Sooriyagoda

The Supreme Court ordered six Police Officers attached to Sooriyawewa Police Station and the State, to pay Rs.900,000 to three children as compensation for torture leading to the death of their father.

The Supreme Court held that the right to life of the deceased, 35-year-old Liyana Arachchige Samantha had been violated by the six police officers by their collective actions.The Supreme Court directed the registrar of the Supreme Court to take steps to deposit Rs. 300,000.00 each, in the names of the three children in the Sooriyawewa branch of a state bank. The three children are entitled to the principal sum deposited in their names, upon reaching 18 years of age. It was revealed that the deceased’s three children were left in the lurch, without the care and protection of both their parents.

The Supreme Court ordered each of the police officers to pay a sum of Rs. 100,000 as compensation from their personal funds. The State was also ordered to pay Rs. 300,000 as compensation.

The mother of the deceased had filed this petition seeking a declaration that his son’s fundamental rights guaranteed under the constitution have been violated by Police Sergeant Priyantha Kulathunga, Police Constables Chaminda Prabath, J. Chandana, Sunil Shantha, Sampath Peiris and Sisira Padma Kumara. The mother of the deceased alleged that her son had died whilst being held under Police custody, after he was severely beaten with pipes, poles and sticks at the time of his arrest.

The petitioner stated that her son was arrested by Police on February 19, 2015, while returning home on his motorcycle. Two Policemen had stopped Samantha near the sluice gate of the bund of Viharagala Tank and questioned him about a hidden stock of illicit liquor. Subsequently, the Policemen removed his shirt and tied his hands with it. They had then questioned Samantha and demanded to reveal where he had concealed his stock of illicit liquor. The questioning by the two Policemen had turned violent, when they repeatedly assaulted Samantha with a hose pipe, which continued even after he had fallen on the ground.

Supreme Court three-judge-bench comprised Justices Achala Wengappuli, L.T.B. Dehideniya and Shiran Goonaratne. Senior Counsel Lakshan Dias appeared for the petitioner.