Police attack on KFTZ workers: SC grants leave to FR petitions

By S.S Selvanayagam

The Supreme Court yesterday granted leave to proceed with a large number of fundamental rights petitions in respect of the impugned assault allegedly by the police on the Katunayake Free Trade Zone workers.

The Bench comprising Chief Justice Shirani A. Bandaranayake, Justices K.Sripavan and Suresh Chandra granted leave to proceed for the alleged infringement of the petitioners fundamental rights to the freedom of torture, right to equality and equal protection of the Law, freedom from arbitrary arrest and freedom for the lawful assembly.

The parties agreed to discharge the seventh respondent the Army Commander from the proceedings.

The Court fixed the matter for hearing on 27 August. The objections are to be filed within three months and the counter affidavits to be filed within one month thereafter.

The Attorney General had already informed the Court that the police officers involved in the impugned assault were transferred and that legal action would be taken against those found guilty in the investigation.

A number of workers of the Katunayake Free Trade Zone (FTZ) have filed 13 fundamental rights petitions through Attorney-at-Law Gowry Shangary Thavarasha against the impugned police assault on the peaceful demonstrators within the FTZ on 30 May 2011.

They cited Police OICs of Katunayake and Seeduwa as well as Negombo DIG, former IGP Mahinda Balasooriya, Board of Investment, Army Commander Lt. Gen. Jagath Jayasooriya and the Attorney General as Respondents.

Some of the Petitioners had taken part in the protest while others did not. Some of them have been detained too while all have been injured and to hospitalised.

In their petitions, they state that Katunayake FTZ is situated in the Gampaha District consisting of 190 hectares of land where there are about 50,000 workers and 84 factories.

They state that on May 30 2011, about 600 persons gathered there protesting the ‘Employees’ Pension Benefits Fund Bill’ within the FTZ where there are hundreds of police officers were present in the area.

They allege that around 12.03p.m., the police officers present, suddenly without any warning used tear gas on the unarmed peaceful protest in an attempt to quell it.

They also allege that hundreds of police officers armed with fire arms and iron poles charged the FTZ workers and some police officers allegedly threw stones and other unidentified objects at them who were attempting to flee. They allege they were critically injured and warded at several hospitals.

They complain the conduct of the police officers are violative of the legitimate expression of their dissent depriving their right to  freedom of expression, freedom of speech and freedom of peaceful assembly as well as their rights to freedom from torture and arbitrary arrest. J.C.Weliamuna, M.A.Sumanthiran, Uditha Egalahewa, SaliyaPeiris, Viran Corea, Eraj de Silva, Pulasthi Amarasinghe, Shantha Jayawardane, Chrismal Warnasooriya and A.Ankatell appeared for the Petitioners. Solicitor General Palitha Fernando with Senior State Counsel Lakmali Karunanayake appeared for the Attorney General.