The Supreme Court yesterday granted leave to proceed with the rights violation petition filed by Nipuna Ramanayake a Malabe SLIIT undergraduate against the Colombo Crimes Division officers, its former Director Vas Gunawardena, his wife and son.
The Bench comprising Chief Justice Asoka de Silva, Justices Jagath Balapatabendi and S.I. Imam granted leave to proceed on the alleged infringement of the fundamental right to the freedom from torture, the freedom from arbitrary arrest and detention of Nipuna Ramanayake.Objections are to be filed within six weeks and the counter affidavits, if any, within three weeks. The matter was fixed for hearing on February 26, 2010.
President s Counsel Manohara de Silva with W.D. Weeraratne appeared for the petitioner. Senior State Counsel Riyaz Hamza appeared for the IGP and the Attorney General.
Petitioner Ramanayake in his petition said the 14th respondent Ravindu Gunawardena too was a registered student at the SLIIT and always attended lectures accompanied by a group of police officers comprising the security staff allocated to his father the first respondent Vas Gunawardena.
He said Ravindu made use of such police officers to often harass other students and thereby acted with general contempt towards other students of the SLIIT and that he was unpopular amongst the students.
He said Ravindu had on several occasions been reprimanded by the SLIIT administration for acts of indiscipline and disturbing the peace but no disciplinary measures were taken against him.
He said on August 4, he stopped over at a tea kiosk Sunrich which was in close proximity to SLIIT to have some refreshments and Ravindu within a few minutes on his arrival at Sunrich , shouldered the Petitioner s chest on his way past and immediately pointed him out to several individuals.
The petitioner said while he together with a classmate of his proceeded on foot to Isurupura Road, he was abducted by the said individuals dressed in a police jeep and was shoved to the floor, punched and kicked, he said.
A few seconds later, the jeep had come to a halt, the back door was opened allowing the 14th Respondent Ravindu to get into the jeep and Ravindu immediately proceeded to smash his face with a revolver, he said. He was then blindfolded.
He said he was then brought to a house where his hands and feet were tied and left on the floor face down and a woman allegedly the 15th respondent, the mother of Ravindu had started kicking his face. He alleged he was then stripped of his clothes.
Thereafter he was taken to another location namely the CCD Headquarters at Dematagoda in a jeep and his blindfold was removed. Thereafter a lengthy statement was recorded on his behalf allegedly admitting his involvement and association with a member of the underworld called Olcott of Borella , he said.
Then he was handed over to his parents who immediately rushed him to the Accident Service of the National Hospital.