Supreme Court Slams Police Over Unlawful Arrests in Farmer Protest

COLOMBO (News 1st); The Supreme Court of Sri Lanka has declared that police violated the fundamental rights of two farmers during a 2018 protest in Polonnaruwa, ordering personal compensation from the officer in charge at the time.

The protest, held in the Kalukele area along the Polonnaruwa–Mahiyanganaya road, was organized by local farmers to express frustration over the authorities’ failure to take action against wild elephant invasions that were devastating their villages and crops. 

During the demonstration, two farmers—R.A. Gamini Jayaratne and H.R. Eranda—were arrested and placed in remand custody.

On Monday (7), the Supreme Court ruled that the arrest and subsequent detention of the farmers constituted a violation of their fundamental human rights.

The judgment was delivered by Justice Yasantha Kodagoda, with the concurrence of Chief Justice Jayantha Jayasuriya and Justice S. Thurairaja.

The court ordered S.M.L.R. Bandara, the then Officer-in-Charge of the Aralaganwila Police Station, to personally pay Rs. 30,000 each to the petitioners as compensation for the unlawful detention.

The ruling emphasized that magistrates must not remand individuals solely based on police requests. 

The judgment highlights that it is essential to inform magistrates of the need to make careful and considered decisions regarding police requests for remand custody.

It further states that a magistrate’s decision to grant or deny bail should not be based solely on a police request, but must align with the objectives of criminal justice.

Justice Kodagoda further stated that the Judges' Institute is expected to take necessary steps to raise awareness among magistrates regarding these legal principles.

In addition to addressing the rights violations, the court also issued directives to the Director General of Wildlife to formulate a comprehensive plan to prevent wild elephant encroachments. 

Copies of the judgment were ordered to be sent to the Attorney General, Inspector General of Police, Director General of Wildlife, Director General of Forest Conservation, Director General of the Mahaweli Authority, and the Officer-in-Charge of the Aralaganwila Police Station for appropriate action.