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Friday, 08 March 2019 - 13:16
Police have to pay damage for making false charges
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The Supreme Court yesterday issued a verdict that Police Officers who filed a case based on a false allegation against an individual that he transported 500 grams of Ganja on a motor cycle had violated his fundamental rights.

The Court also ordered that the person concerned be paid compensation.

On 1st January 2011 when the petitioner had been celebrating the New Year at his work place, the respondent Police Officer had come and stated that the Police needed to record a statement from him and informed him that he was being taken to the Panadura Police.

However, he had actually taken him to the Morontuduwa Police.

Then he had been shown a stock of Ganja packages and accused him of having transported them.

Later they had got him to sign by force a statement and taken his finger prints as well.

The B Report filed by the Police stated that the individual concerned was taken into custody while transporting Ganja on a motor cycle but his Supervisor at his work place had declared in an affidavit that he was arrested on 1st January.

Due to the Police delaying the submission of a report on this contradiction, the petitioner had to stay in remand prison for a period of two months and seven days.

However, the Panadura Magistrate who decided the police charges were false, acquitted the respondent.

Later, Supreme Court which considered the petition filed a fundamental rights case ordered to pay 40 thousand rupees compensation to the petitioner while the four policemen were ordered to pay 35 thousand rupees each.

In addition, the then OIC of Morontuduwa police was also ordered to pay 50 thousand rupees to the petitioner.

At the same time, the three-judge bench comprised of Justice Buwaneka Aluvihare, Vijith K Malalgoda and Murdu Fernando ordered to report to the Supreme Court about the disciplinary actions taken against the defiant policemen.

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