IGP TOLD TO PAY RS.25,000 EACH TO TWO JVP ACTIVISTS
The Supreme Court said yesterday the ignorance of the law was not an excuse and ordered the IGP to pay a compensation of Rs.25,000 to each of the two JVP activists arrested by the Police for pasting posters which read, “Stop Media Oppression and Restore Democracy”.
They were arrested in 2009 under the mistaken notion that the two activists had violated the law
Justice Priyasath Dep with Justices Sisira J. De Abrew and Anil Gooneratne delivered the judgment in a fundamental rights petition filed by JVP activists Karunanayake Joseph Benedict Silva and Chandrasena Hettiarachchi. They were arrested by the Dematagoda police on January 12, 2009 while they were pasting posters in Dematagoda.
Dematagoda Police OIC Inspector P.G. Wimalasiri, police officer R.M.G.S. Ratnayake, the IGP and the Attorney General were cited as respondents by the petitioners who were represented by J.C. Weliamuna. Senior State Counsel Varunika Hettige appeared for the AG.
The Court observed that the respondents had failed to give a valid reason for the arrest and it could not be justified under the law
Police officer Ratnayake arrested the petitioners while they were pasting posters on the mistaken belief that they had violated the law.
The Court observed that the respondents had failed to give a valid reason for the arrest and it could not be justified under any provisions of the law.
The Court held that the OIC and police officer Ratnayake had violated the petitioners’ fundamental right to freedom from arbitrary arrest.
The Court observed the respondents had acted on the instructions of their superiors whose identities were not disclosed though they were responsible for the violation. In such an instance no ruling could be made against the superior/superiors who had given orders to arrest the petitioners.
The Court said that because the OIC and police officer Ratnayake were by themselves not responsible for the violation, it would not be fair to order them to pay the compensation personally to the petitioners.
As the State was liable, the Court ordered the IGP to pay the compensation on behalf of the State.