By The Sri Lankan Supreme Court awarded Rs. 2 million in compensation to a police constable and his wife, who were subjected to an arbitrary arrest by four officers from the Kosgoda Police Station.
Rights Violations and Police Duty:
The Court found that the officers, including the OIC, violated the constable’s fundamental rights to freedom from arbitrary arrest (Article 12(1)), equality before the law (Article 13(1)), and freedom from unlawful detention (Article 14(1)(g)). The Court emphasized the police’s crucial role in upholding the law and safeguarding public safety.
“Who guards the guards?” Accountability Concerns:
The case raised the critical question of internal police accountability, prompting the Court to ask: “who guards the guards?” This highlights concerns about potential abuse of power within law enforcement.
Compensation and Further Action:
The Court ordered the four officers to personally pay the Rs. 2 million compensation. Additionally, the State was directed to pay Rs. 25,000 each to the constable and his wife.
Individual Officer Misconduct:
The Court specifically identified OIC Mangala De Soyza, Inspector Asela Premanath, and Sergeant Indika de Silva as having repeatedly filed false accusations against the constable. This personalized accountability for individual misconduct sets a strong precedent.
Dissemination of Judgment:
The Court directed that a copy of the judgment be forwarded to the National Police Commission, underlining the importance of sharing learnings and promoting reform within the police force.
