FR petition over youth’s death in police custody
The Supreme Court has granted leave to proceed with a fundamental rights violation petition filed by a mother over the death of her 17-year-old son.
In her petition Kanda Udage Mallika of Meegahakivula said her son Sandun Malinga’s death was the result of being assaulted by four police personnel at the Kandeketiya Police Station in May last year.
She stated that the police personnel were indirectly supported by eight other respondents including the District Medical Officer of the Meegahakivula hospital.
The 42-year-old mother of three children sought an order to declare that her son’s fundamental rights guaranteed by article 11, 12 (1) and 13 of the Constitution have been violated.
The Supreme Court Bench comprising Justices Priyasad Dep, Sarath de Abrew and Priyantha Jayawardena fixed the matter for hearing on September 16.
The mother stated that from the time her son left school he helped the family by obtaining agricultural produce to sell at the various markets in Badulla.
She stated that on May 7, 2014 her two sons had finished their evening meal and accompanied her brother and a few other relatives to purchase a three-wheeler at Ketawatta.
The mother stated she received a telephone call informing her that Kandeketiya police personnel were seen taking her children and the relatives to the police station after assaulting them.
She stated that at the police station she saw her relatives and her two sons who appeared to have been assaulted by the police. Malinga had complained to his mother that Sub Inspector Somaratne and other officers had assaulted him and that he was suffering from severe chest pain and pleaded with his mother to rub his chest.
She said she realized that her son was in a critical condition and pleaded with SI Somaratne to take them to hospital but he had shouted at her and that neither did the Meegahakivula Hospital DMO take any note of the serious health condition of her children and that of her relatives.
The mother stated that there was willful negligence by the DMO and that the police had told the Magistrate the suspects were arrested on suspicion for treasure hunting. Subsequently, the Magistrate had given a remand order and they were remanded for 14 days.
She stated that the Magistrate didn’t inquire whether the suspects were assaulted and neither were they allowed to inform the Magistrate about the police torture.
The mother stated t hat according to her elder son they were only admitted to hospital after the death of her younger son.
The Supreme Court Bench comprising Justices Priyasad Dep, Sarath de Abrew and Priyantha Jayawardena fixed the matter for hearing on September 16.