The Supreme Court yesterday ruled that the Fundamental Rights of a woman who police claimed as a commercial sexual worker have been infringed by police following the brutal assault at the Ratnapura Bus Stand in 2014, after she refused to provide sexual services free.
The Supreme Court two-judge-bench comprising Justice Eva Wanasundera and Justice L.T.B. Dehideniya ordered a police sergeant who was then attached to the Ratnapura Police Station to pay a compensation of Rs.55,000 as damages to the victim before December 31 this year.
The State was also ordered to pay a compensation of Rs.5,000 as damages to the victim before the above mentioned date.
The petitioner W.A.Kanthilatha alias Batti (38), had filed a fundamental rights petition against police brutality at the Ratnapura bus area seeking Rs. 50 million as compensation.
The petitioner had cited Ratnapura Police Station OIC, SSP and the Police Spokesperson and the IGP as respondents.
In her petition, Kanthilatha said she was approached by a Police Sergeant stationed at the Bus Stand area and requested for sexual services free.
When she refused his advances, he had then requested half a bottle of arrack which request also she refused. Then the said police personnel told her, “You will see what I can do,” the petitioner said.
The petitioner said when she was roaming around the bus stand on September 6, 2014 she had a commotion with another commercial sex worker, ‘who was good with police officers’ in the waiting area and there was a heated exchange of words. Suddenly she had found the said police officer behind her demanding why she came to the area she was told not to come.
Then the police officer had started assaulting her with a thick cane in public and he had caught her by her hair and beat her on the ground and kicked her in the back which had been videoed and uploaded in the Internet by someone, the petitioner further stated.
The petitioner further said she was approached by another police officer who offered her Rs 3,000 to settle the dispute.
She also sought a declaration from court that her fundamental rights to freedom from torture, right to equality and equal protection of the law, freedom from arbitrary arrest had been violated by the respondents.
Counsel Lakshan Dias with Niranga Pushpakumara and Udul Premaratne appeared for the petitioner.
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