UPDATE: A Fundamental Rights petition filed by a disabled soldier challenging police brutality which caused severe injury to his right eye in 2016 was yesterday fixed for argument by the Supreme Court.
The petitioner Nishantha Mahiraj, (41) a disabled, retired Army Lance Corporal had filed this petition demanding Rs.10 million as damages for police brutality occurred during a protest in Colombo demanding their pension.
The Supreme Court three-judge-bench comprising Justice Priyantha Jayawardena, Justice Vijith Malalgoda and Justice Yasantha Kodagoda fixed the petition for argument to be taken up on May 4 next year.
The petitioner stated that about 3000 disabled soldiers and family members of deceased soldiers had gathered at the Galle Face Green on November 7, 2016 urging to pay their pension.
The petitioner said the riot police unleashed water cannons at the disabled soldiers who were moving forward along Galle Road in wheelchairs, on crutches or with walking supports, and fired at least seven canisters of tear gas at them, subjecting these helpless disabled soldiers who have made tremendous sacrifice for the country to immense hardship and harassment.
While the petitioner was walking on the road towards Fort from Galle Face along with other disabled soldiers, a tear gas canister fired from a distance of about 20 metres hit on his face just above his right eye causing severe injury to the eye.
The petitioner states that the said injury caused by a tear gas canister deliberately fired by a member of the Riot Police at the disabled soldiers who were peacefully walking on the road exercising their legitimate and fundamental rights has resulted in the permanent loss of his sight in the right eye and suffering multiple fractures on the right orbit which cannot be surgically treated without plastic surgery.
Senior Counsel Kalyananda Thiranagama appeared for the petitioner.
Disabled soldier’s FR petition fixed for argument-Time: 15:51
A Fundamental Rights petition filed by a disabled soldier challenging police brutality which causes severe injury to the right eye in 2016 was today fixed for argument by the Supreme Court.
The petitioner Nishantha Mahiraj, (41), a disabled, retired Lance Corporal in Sri Lanka Army had filed this petition demanding a sum of Rs.10 million as damages for police brutality occurred during a protest in Colombo demanding to pay their pension.
The Supreme Court three-judge-bench comprising Justice Priyantha Jayawardena, Justice Vijith Malalgoda and Justice Yasantha Kodagoda fixed the petition for argument to be taken up on May 4 next year.
The petitioner stated that about 3000 disabled soldiers and family members of deceased soldiers had gathered at the Galle Face Green on November 07, 2016 urging to pay their pension.