SC holds FTZ demonstrators rights violated; awards compensation payable by State

By S.S. Selvanayagam

The Supreme Court, in its judgment yesterday, against the Police assault on the peaceful demonstrators within the Katunayake Free Trade Zone in May 2011, held that the Fundamental Rights of the aggrieved Petitioners had been violated, and awarded them compensation each ranging from Rs 250,000 to Rs 50,000, payable by the State.

Justice Buwaneka Aluvihara, with Chief Justice Nalin Perera and Justice Priyantha Jayawardane agreeing, held that the Petitioners’ fundamental right to the freedom of conscience, freedom from torture, and freedom of association had been violated.

He awarded Rs 250,000 compensation to the Petitioner who was shot and grievously injured, and Rs 100,000 to Rs 50,000 to other Petitioners.

There were total of 14 Petitioners who cited the OICs of Katunayake and Seeduwa Police Stations, Negombo DIG, former IGP Mahinda Balasooriya, Board of Investment, former Army Commander Lt. Gen. Jagath Jayasooriya, and the Attorney General as Respondents.

J.C. Weliamuna PC, instructed by Gowry Shangary Thavarasha, appeared for most of the Petitioners. Saliya Peiris PC, Shantha Jayawardena, Chrishmal Warnasuriya, Uditha Egalahewa PC, Eraj de Silva, and Niran Ankatell, appeared for other petitioners. Senior Deputy Solicitor General Parinda Ranasinghe appeared for the Attorney General.

Some of the petitioners had taken part in the protest, while other had not. Some of them had been detained by the Police. All had been injured and admitted to hospital. In their Petition, they state that the Katunayake FTZ is situated in the Gampaha District on 190 hectares of land, and that there are about 50,000 workers and 84 factories in it.

Petitioners stated that on 30 May 2011, about 600 persons had gathered within the FTZ, protesting the ‘Employees’ Pension Benefits Fund Bill’, while hundreds of Police officers were present in the area. They allege that at or around 12.03 p.m., the Police officers present, suddenly and without any warning, used tear gas on the unarmed peaceful protest in an attempt to quell it.

They alleged that hundreds of Police officers armed with firearms and iron poles charged the FTZ workers, and some Police officers threw stones and other unidentified objects at them while they were attempting to flee. They allege that they were critically injured and warded at various hospitals. 

They complained that the conduct of the Police officers was violative of the legitimate expression of their dissent depriving them of their right to freedom of expression, freedom of speech, and freedom of peaceful assembly, as well as their right to freedom from torture and arbitrary arrest.