SC Orders Police Officer to Compensate Farmers for Unlawful Arrest

The Supreme Court today (July 7) ruled that the Officer-in-Charge of the Aralaganwila Police, S.M.L.R. Bandara, must personally compensate two farmers by paying Rs. 30,000 each for their unlawful arrest and detention.

The judgment was delivered following a fundamental rights petition filed on behalf of residents of Kalukele, situated along the Mahiyanganaya–Polonnaruwa main road, an area severely affected by the long-standing human-elephant conflict.

On June 6, 2018, over 200 villagers from Kalukele staged a peaceful protest by blocking the main road, demanding urgent intervention from authorities after repeated complaints regarding elephant attacks went unaddressed.

Although the police intervened and promised a discussion with wildlife officials, no meaningful solution was provided. Subsequently, two farmers were arrested, produced before court on charges of violating a court order, and remanded. They were granted bail nearly a month later, on July 2, 2018.

Challenging their arrest and detention, the farmers filed a fundamental rights petition before the Supreme Court with the assistance of Attorney Nuwan Bopage. Senior Counsel Nuwan Bopage appeared for the petitioners on the instructions of Attorney Chathura Wettasinghe.The landmark ruling was delivered by a bench comprising Chief Justice Murdu Fernando, justice Yasantha Kodagoda, and S. Thurairaja.

In addition to the compensation order, the Court also emphasised the protection of fundamental rights during public protests and reiterated the need for authorities to take appropriate action to resolve human-elephant conflict and safeguard both communities and wildlife.

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