(Sri Lanka Brief/ 13 October 2025) The Supreme Court of Sri Lanka today ruled that six police officers attached to the Kottawa Police Station had violated the fundamental rights of a private bus operator by arresting him without just cause, subjecting him to physical abuse, and falsely accusing him of drug possession.
The court found that the officers had forced the petitioner to kneel, held a pistol to his head, threatened to kill him, assaulted him, and later remanded him on fabricated charges of possessing heroin.
In a landmark judgment, the Supreme Court ordered the six officers to personally pay Rs. 1 million in compensation to the petitioner, Withanage Sunil, a resident of Pannipitiya, Kottawa.
The verdict was delivered by Justice Menaka Wijesundara, with the concurrence of Justices Yasantha Kodagoda and Janak de Silva.
Officers Found Guilty
The officers named in the judgment are:
- L.P.B. Samarasinghe (then Officer-in-Charge, Kottawa Police)
- Inspector Cyril Perera
- Sub-Inspector Premasiri
- Constables Nandana Piyal, Sampath, and Chandra Niroshan
All were found guilty of violating the petitioner’s fundamental rights under Article 11 of the Constitution, which prohibits torture and inhuman treatment.
Incident Details
According to the petition, the incident occurred on July 9, 2016, around 10:00 PM. Sunil, a private bus owner operating two buses on the Kottawa–Pettah route, was returning home after meeting a friend when Inspector Cyril Perera allegedly verbally abused him, pointed a pistol at his head, and threatened him.
Constables Sampath and Niroshan then assaulted him and forced him to kneel. Sunil claims he was brutally beaten and later detained at the Kottawa Police Station. Despite pleas from his mother, wife, and brother-in-law, police refused to release him.
He further alleged that he was assaulted on his face, mouth, chest, hands, and feet, resulting in bleeding injuries.
Legal Proceedings
On July 10, Sunil was produced before the Homagama Magistrate’s Court on charges of possessing 550 milligrams of heroin and was remanded. His lawyer informed the court that he had been assaulted in custody, prompting the Magistrate to order a medical examination.
However, when Sunil was brought back to court on July 18, he informed the Magistrate that prison officials had failed to present him to the Judicial Medical Officer (JMO). The Magistrate then directed the Senior Superintendent of Police for Nugegoda to investigate.
Medical Reports
An initial forensic report by Dr. Navasivayam claimed there were no external injuries. However, a subsequent report by Dr. Pranavan, ordered by the Magistrate, confirmed injuries to Sunil’s face, chest, forehead, and wrists. It also stated that Sunil had no history of drug use and no clinical evidence of drug consumption.
Justice Wijesundara, delivering the verdict, stated:
“Upon examining the medical reports, it is confirmed that the petitioner was subjected to torture while in police custody. The respondents failed to present credible evidence to support the drug charges. Their actions raise serious doubts and appear to be an attempt to cover up the assault.”
The court concluded that the petitioner had been subjected to cruel, inhuman, and degrading treatment, and that his fundamental rights had been violated.
(With the inputs from Sinhala language Press)