By Chitra Weerarathne
The Supreme Court on December 12, declared the violation of the Fundamental Rights of a petitioner, who was arrested by some officers of the Chilaw police station, while he was spending the night, in the privacy of a bedroom with his lover at the Sirisena Guest House at Marawila.

The petition said that the petitioner's lover is a lonely widow and that they had an intimate relationship.

The judgement explained that, there was no complaint against the petitioner H. K. M. Danny, and there was no reason at all to suspect that the petitioner had committed any offence. For the purpose of bringing charges against a person under the Brothels Ordinance, there should be evidence suggesting that such person was engaged in the management of the brothel. There is not even an iota of evidence suggesting that. Although the respondents mentioned that they had to raid the Guest House as they had information that there were LTTE suspects residing at the premises no one other than the occupants of the six rooms were taken into custody. In these circumstances, the court held that the arrest of the petitioner was unlawful. It was declared that the petitioner's Fundamental Rights were violated under Article 13 of the Constitution by the respondents, Inspector Sirinimal Silva, Inspector Jayatilake, Sergeant Kapukotuwa, Constable Bandara, Reserve Constable Deepal and Headquarters Inspector, all of the Chilaw police station.

They were each ordered to pay the petitioner Rs. 5000/- as compensation. The State was ordered to pay Rs. 25,000/- as compensation in cash. In all the petitioner will be entitled to Rs. 55,000/- as compensation and costs, to be paid within three months.

The petition said that the petitioner and his lover along with the occupants of the other rooms were arrested by the police on July 23, '98 around 2.30 a.m.

The petition was supported by J. C. Weliamuna. State Counsel A. H. M. D. Nawaz appeared for the respondents. The judgement was by Justice Dr. Shirani Bandaranayake with Justice R. N. M. Dheerarathne and Justice P. R. P. Perera agreeing.