Hasalaka OIC violated woman’s fundamental rights, ordered to pay Rs. 30,000 in compensation

Colombo, July 30 (Daily Mirror) – The Supreme Court declared that the former Officer-in-Charge (OIC) of the Hasalaka Police Station had violated the Fundamental Rights of a woman who was arrested and detained for wearing an item of clothing bearing a ship’s wheel, which was mistakenly interpreted as a depiction of the Dhammachakra.
Accordingly, the Supreme Court ordered the former OIC to pay Rs. 30,000 in compensation to the petitioner, through his personal funds.
The petitioner, Abdul Raheem Masaheena, 47, a resident of Kolongoda, filed this petition seeking an order directing the Attorney General and IGP to take steps to investigate into, take disciplinary action and prosecute the respondents who were involved in the violation of her Fundamental Rights.
Delivering the judgment, Justice Yasantha Kodagoda, with Justice Kumudini Wickremasinghe and Justice Shiran Goonaratne agreeing, allowed the Fundamental Rights application.
The petitioner states that between May 18, 2019 and June 03, 2019 she was remanded at the Badulla Prison. The petitioner further states that her attire depicted a ship’s wheel as opposed to the Dhammachackraya and that she had no intention whatsoever to deliberately or maliciously give offence, insult or act in any manner whatsoever “outraging the religious feelings of any class by insulting its religion on religious beliefs”.