Court orders Mervin Silva to pay Rs. 400, 000 compensation

 

The Supreme Court today ordered former Deputy Minister Mervin Silva to pay compensation of Rs.400, 000 as damages to a resident of Kiribathgoda by June 27 this year.

President's Counsel Anil de Silva appearing on behalf of the former Minister gave an undertaking to the Supreme Court three-judge-bench headed by Chief Justice Priyasath Dep that the compensation would be paid before June 27.

On November 28, last year, the Supreme Court ordered former Deputy Minister Mervin Silva to pay compensation of Rs.400, 000 personally as damages to a resident of Kiribathgoda and ruled that former Deputy Minister and former OIC of the Kiribathgoda Police infringed the fundamental rights of the petitioner after demolishing a part of his residential house in 2010.

The Supreme Court further ordered the former OIC of Kiribathgoda police to pay compensation of Rs.50, 000 to the petitioner for demolition of the parapet wall of Petitioner with the blessing of former Kiribathgoda OIC.

In his Fundamental Rights petition, petitioner Asitha Nanayakkara Liyanage, a resident of Kiribathgoda had cited former Chairman of Kelaniya Pradeshiya Sabha Prasanna Ranaweera, Secretary to the Kelaniya Pradeshiya Sabha Hemapala Hettiarachchi, Commissioner of Local Government Kachcheri Complex, Gampaha, Chief Inspector of Police Kiribathgoda Police Station, former Deputy Minister Mervyn Silva and three others as respondents.

The Supreme Court had declared that the former Minister and former OIC have infringed the Petitioner’s fundamental rights guaranteed in terms and Article 12(1) of the Constitution. Both the above Respondents have wittingly breached the fundamental rights of the Petitioner.

“At all times relevant to this application a Minister of the State was involved and thus makes the State also liable. As such court directs the State to pay a sum of Rs. 100, 000-as compensation to the Petitioner,” the Supreme Court ruled. The Supreme Court further directed the Inspector General of Police to conduct investigations according to law and ascertain whether any other person is responsible for the destruction of Petitioner’s property and in doing so whether instruments and machinery belonging to the State had been used and utilised, and take suitable action having consulted the Attorney General.

The Petitioner, a resident of Iriyawetiya Junction, Kandy Road, Kiribathgoda, complains against all Respondents in his Fundamental Rights Application to the Supreme Court filed on 01.10.2010, of certain harassments and abuses caused to him and his family, which ultimately resulted in demolition and destruction caused to part of his residential house. It is averred inter alia in the petition filed in the court that on 18.09.2010.

Seven Respondents had come with equipment and vehicles belonging to the Kelaniya Pradeshiya Sabha and destroyed the parapet wall bordering the Petitioner’s property bordering the Kandy–Iriyawetiya Road and also destroyed two toilets and a washroom within the premises owned by him.

The petitioner alleged that the demolition of the petitioner’s parapet wall was done with vehicle and instruments of the Kelaniya Pradeshiya Sabha with the blessing of the 1st and 2nd Respondents and 4th Respondent former Kiribathgoda OIC deployed Police personnel to provide security on the instructions of 7th Respondent Mervyn Silva.

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