Prison guards 'violated FR'
The Supreme Court in Sri Lanka on Wednesday ordered the state to pay Rs. 150,000 to a former prisoner who was severely assaulted in custody.
The Supreme Court ruled that prison guards’ failure to protect Anthony Emmanuel Fernando was in violation of his Fundamental Rights (FR). Two members of the three-bench panel, Dr. Shirani Bandaranaike and Jagath Balapatabendi, ruled that prison authorities should take direct responsibility for the attack. 'Not enough' evidence However, Justice Nimal Gamini Amaratunga disagreed with the two other panel members. The plaintiff has failed to provide enough evidence that his FR were violated due to the assault, Justice Amaratunga ruled. Anthony (Tony) Emmanuel Fernando was sentenced to one year for contempt of court on 10 February 2003. The Supreme Court ruled that Mr. Fernando’s argument in open court against Chief Justice taking part in a hearing over a labour dispute amounted to contempt of court. The CJ Sarath Silva was cited as a respondent in a case filed by Mr. Fernando but the case was taken before a panel headed by the Chief Justice. Mr. Fernando was severely beaten in the prison while serving the sentence. Two members of the bench agreed that the certificates by doctors at the Colombo national hospital and Judicial Medical Officer provided sufficient evidence on his medical situation.