The Supreme Court (SC) has ruled that police violated the fundamental rights of two farmers who were arrested and remanded following a protest in 2018 along the Polonnaruwa-Mahiyanganaya road.
The protest was held to demand action to prevent wild elephants from entering villages.
Delivering the verdict yesterday (July 07), the court ordered Mr. S.M.L.R. Bandara – the then OIC of the Aralaganwila Police to personally pay compensation of Rs. 30,000 each to petitioners R.A. Gamini Jayaratna and H.R. Eranda, both residents of Polonnaruwa.
The judgment, delivered by Justice – Yasantha Kodagoda with Chief Justice – Murdhu Fernando and Justice – S. Thurairaja concurring, stressed that magistrates must not remand individuals solely on police requests and should make careful, informed decisions.
The bench emphasized that bail should be the norm under the Bail Act, while denying bail should be exceptional, and that the judiciary must protect people’s fundamental rights.
The SC also ruled that protests should be handled without violating citizens’ rights and directed the Director General of Wildlife to develop a proper plan to prevent wild elephant intrusions.
Copies of the judgment have been sent to the Attorney General, Inspector General of Police, Director General of Wildlife, Director General of Forest Conservation, the Mahaweli Authority, and the OIC of Aralaganwila Police for further action.