Even though who went over the line first is a question, employment of minimal power to enforce the Law should not violate the Rights of the People which are safeguarded by the Constitution itself. The Fundamental Right of freedom from torture as institutionalised in the Constitution of the Democratic Socialist Republic of Sri Lanka, Article 11 is clearly and in full bareness violated as evidenced. The Supreme Court has in its jurisprudence interpreted torture as “any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person by a public official acting in the discharge of his executive or administrative duties or under colour of office for such purposes as obtaining from the victim or a third person a confession or information, imposing a penalty on the victim… or coercing the victim or third person to do or refrain doing something… ” (Our Fundamental Rights of Personal Security and Physical Liberty by Amarasinghe J, 1995, p. 29). In as much as I am indifferent to the demands of the below victimised, I speak for the People and on behalf of their Fundamental Rights. A university student myself and an advocate of just enforcement of Law, I condemn this misuse of power!!
Posted on: Tue, 23 Dec 2014 08:09:49 +0000
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