The Supreme Court of Sri Lanka has ordered five police officers to personally pay a total compensation of Rs. 900,000 to a farmer whose fundamental rights were violated through an unlawful arrest, custodial torture, and arbitrary prosecution.
The judgment was delivered on 10 December 2025 by a three-judge Bench comprising Justice S. Thurairaja, PC, Justice Kumuduni Wickremasinghe, and Justice M. Sampath K.B. Wijeratne, allowing the Fundamental Rights application filed under Articles 17 and 126 of the Constitution.
The petitioner, Thennakoon Mudiyanselage Lakshman Thennakoon, a resident of Sinharagama, Ralapanawa, Nochchiyagama, was arrested on 1 June 2020 around midday while travelling by motorcycle to his agricultural land. The Court found that he was arrested without reasonable cause, subjected to cruel, inhuman, and degrading treatment while in police custody, and later produced before the Thambuththegama Magistrate’s Court on fabricated and inconsistent allegations relating to narcotics.
The Supreme Court held that the actions of the police officers amounted to violations of Article 11 (freedom from torture) and Article 12(1) (equal protection of the law) of the Constitution. The Court rejected the respondents’ claim that the petitioner’s injuries resulted from a struggle during arrest, noting that the medical evidence revealed systematic assault, including tramline contusions, extensive bruising, and traumatic perforation of the ear, which were wholly inconsistent with lawful use of force.
Those found personally liable are:
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R.M.S.C. Rathnayaka, Inspector of Police, Divisional Vice Squad, Anuradhapura – Rs. 200,000
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Rathnayaka, Police Sergeant – Rs. 200,000
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PS 17176 Asela, Police Sergeant – Rs. 200,000
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PC Bandara, Police Constable – Rs. 200,000
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Jayathilake, Chief Inspector of Police and Officer-in-Charge, Nochchiyagama Police Station – Rs. 100,000
The Court ordered that the compensation must be paid from the personal funds of the officers within six months, emphasising that constitutional violations committed under colour of official authority cannot be shielded by public office.
Justice Kumuduni Wickremasinghe, delivering the main judgment with the concurrence of the other judges, observed that the arrest, custodial assault, and filing of inconsistent B reports constituted a grave abuse of police power and an assault on human dignity, which lies at the heart of constitutional governance. The Court also directed the Inspector General of Police to initiate disciplinary proceedings against the officers concerned.
The petitioner was represented by President’s Counsel Anil Silva, appearing with Attorney-at-Law Arindra Silva. The Attorney General was represented by Senior Deputy Solicitor General Lakmali Karunanayake, who informed Court that the Attorney General’s Department declined to represent the respondent officers due to the seriousness of the allegations.
The ruling stands as a strong reaffirmation of judicial oversight, accountability of law enforcement, and the absolute prohibition of torture, reinforcing that police officers can be held personally liable for violations of fundamental rights.
Supreme Court judgment – SC/FR/291/2020