The Supreme Court has ruled that police had violated the fundamental human rights of two farmers after the duo was arrested and subsequently remanded over a protest staged in 2018 along the Polonnaruwa-Mahiyanganaya road.
The protest was organized in opposition to the authorities’ inaction in preventing wild elephants from invading villages.
Accordingly, the Supreme Court ordered that S. M. L. R. Bandara, who was the Officer-in-Charge (OIC) of the Aralaganwila Police at the time, must pay compensation of Rs. 30,000 each to the petitioners from his private funds.
This verdict was delivered by Supreme Court Judge Yasantha Kodagoda, with the concurrence of Chief Justice Murdhu Fernando and Justice S. Thurairaja, after considering a fundamental rights petition filed by R. A. Gamini Jayaratna and H. R. Eranda, both residents of Polonnaruwa.
In the ruling, the bench emphasized that magistrates should not remand individuals solely based on police requests.
The Supreme Court highlighted the necessity of magistrates making informed and cautious decisions regarding police requests for remand and stressed the importance of magistrates being aware of the responsibility.
Justice Kodagoda pointed out that, under the Bail Act, granting bail is the norm and denying bail should be the exception.
The bench stated that magistrates must be fully aware that the judiciary is committed to protecting the fundamental rights of the people. Orders restricting such rights should be issued only in legally recognized exceptional circumstances.
Furthermore, the bench stated that public protests should be dispersed in ways that do not violate fundamental rights and that police officers should be made aware of this obligation.
Additionally, the Supreme Court bench ordered the Director General of Wildlife to formulate a proper plan to prevent wild elephants from entering villages.
Court further directed that copies of the judgment be sent to the Attorney General, Inspector General of Police, Director General of Wildlife, Director General of Forest Conservation, the OIC of Aralaganwila Police, and the Director General of the Mahaweli Authority to take necessary action.
