On March 7, 2008, a 14 year old school student, Buddhi Ewantha Gunasekara of Eranawila, Mitiyagoda, was arrested by officers of the Mitiyagoda Police Crime Branch, Sub-Inspector Saman Palitha Athukorala and Civil Guard Lalith de Zoysa, over an alleged theft of money from a neighboring house. Following his arrest, Buddhi was subjected to brutal torture by Deputy Commissioner Nissanka Jayaratne, Sub-Inspector Athukorala, Sub Inspector Thusitha Kumara, and Civil Guard de Zoysa. The following day, he was produced before the Balapitiya Magistrate’s Court, where a false theft case was filed against him.
Buddhi’s father, Jayantha Gunasekara, secured his son’s release on bail and admitted him to the Balapitiya Hospital in an unresponsive state due to the police assault. However, the hospital failed to provide proper treatment and prematurely discharged him under police influence. After the incident was exposed by Sirasa Media, Buddhika was readmitted and treated again. Seeking justice, the family approached the Legal Aid Commission, the Janasansadaya, and the Asian Human Rights Commission, filing complaints with the Human Rights Commission, the Attorney General, and the Inspector General of Police. A Fundamental Rights petition was also filed in the Supreme Court under SCFR/126/08.
Despite being a victim of torture, Buddhi had to continue appearing in court as an accused in the theft case, leading to severe distress and the disruption of his education. Eventually, the Attorney General withdrew the theft charges. In 2014, a case was filed under Section 2(4) of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Act, No. 22 of 1994, at the Balapitiya High Court. Meanwhile, in 2017, the Supreme Court ruled that Buddhi’s fundamental rights had been violated and ordered compensation of Rs. 375,000 to be paid to him.
After a protracted legal battle spanning 17 years since the incident and 11 years since the filing of the criminal case, the Balapitiya High Court delivered its long awaited verdict on September 11, 2025. Retired Chief Police Inspector Galpathage Sri Nissanka Jayaratne was sentenced to eight years of light imprisonment and fined Rs. 100,000, Police Inspector Kariyawami Don Saman Palitha Athukorala was sentenced to nine years of rigorous imprisonment with a fine of Rs. 100,000, Police Sergeant Uruliyanage Don Thusitha Kumara Gunasinghe received nine years of rigorous imprisonment, and Civil Guard Thiramadurage Lalith de Zoysa was sentenced to nine years of rigorous imprisonment with a fine of Rs. 50,000.
The prosecution was led by State Attorney General Tahira, while Attorney-at-Law Jerusha appeared for the aggrieved party. The case received support from the Legal Aid Commission, the Janasansadaya, the Asian Human Rights Commission, the Right to Life Human Rights Centre, the Victims and Witnesses Protection Authority, and Senior attorney at law Ms. Armisa Teagle.