SC grants leave to proceed with FR petition for allegedly being threatened by State Minister Lohan Ratwatte

By Chitra Weerarathne

The Supreme Court yesterday granted leave to proceed with the fundamental rights violation petition filed by eight prisoners of the Anuradhapura Prison, who had been allegedly threatened by State Minister Lohan Ratwatte.

Leave was granted on the alleged violation under Articles 11, 12(1), and 12(2) of the Constitution, which ensure freedom from inhuman degrading treatment, equality for everyone and freedom from discrimination.

The third respondent, the Commissioner General of Prisons, was directed to transfer these petitioner prisoners to other prisons with their consent.

The Inspector General of Police was directed to investigate the issue with the advice of the Attorney General.

The petitioners have complained that on 12 September, Lohan Ratwatte, the State Minister in charge of the Prisons, visited the prisons, and threatened them at gunpoint.

Counsel M.A. Sumanthiran PC, who appeared for the Prisoners, told the Court that the Justice Minister Ali Sabry PC had conceded in Parliament that the prisoners had been unfairly treated by Ratwatte. Ali Sabry the Minister of Justice had apologised to the prisoners and their families, he said.

President’s Counsel Sumanthiran appeared with K. Sujanthan, Dr. T. Jayasingham and Miss. D. Muscaran for the petitioners.

The Deputy Solicitor General Rajiv Gunetillake appeared for the Attorney General.

He said that the state had no objection to the transferring of the petitioner other than the Jaffna Prison.

The bench comprised Justice Gamini Amarasekera, Justice Yasantha Kodagoda and Justice Janak de Silva.

The case will be next heard on 15th February 2022.