The Supreme Court of Sri Lanka on Wednesday (29 January) leave to proceed with a Fundamental Rights petition filed in connection with the death of a 21-year-old man who died following his arrest by the Pugoda Police in 2020.
The deceased, Gayan Pushpakumara, was a resident of the Mandawala Kanda area in Pugoda. At the time of his death, he was engaged in mushroom cultivation and also worked as a daily wage laborer.
The petition was filed in 2021 by Sanduni Wasana, the wife of the deceased, alleging violations of her husband’s fundamental rights following his arrest and subsequent death while in police custody. After nearly five years, the Supreme Court has now granted permission to hear the case.
The Court granted leave to proceed against the first and second respondents, who are police officers, for alleged violations of Articles 11, 12(1), and 13(1) of the Constitution. Leave was also granted to proceed against the State for the alleged violation of Article 12(1).
Legal assistance for the case is being provided by the Right to Life Human Rights Centre. Appearing on behalf of the petitioner, under the instructions of Attorney-at-Law Dulan Dasanayake, were Attorneys-at-Law Lakshan Dias and Dayani Panditharatne.
According to the petition, on 11 July 2021, Gayan Pushpakumara was engaged in masonry work at a residence in the Mandawala area when a complaint was made alleging that money kept inside a bag on a motorcycle at the premises had gone missing. Based on suspicion, Gayan was allegedly assaulted and questioned regarding the missing money before being arrested by officers of the Pugoda Police.
The petitioner further alleges that during the arrest, the Officer-in-Charge of the police station assaulted Gayan by kicking him in the abdomen, causing him to vomit. Statements by both the deceased’s wife and mother indicate that Gayan consistently denied stealing the money during questioning.
It is also alleged that family members were denied access to him following his arrest. While in police custody, Gayan reportedly fell ill inside the cell and was later admitted to Ragama Teaching Hospital, where he subsequently died.
The petition raises serious concerns regarding custodial violence, denial of access to family members, and the failure of authorities to safeguard the right to life and freedom from torture. The case once again draws attention to long-standing issues of police accountability and prolonged delays in access to justice in Sri Lanka.