INSUBCONTINENT EXCLUSIVE:
The Supreme Court has ruled that authorities had violated the fundamental human rights of 2 farmers after the duo was jailed and
subsequently remanded over a protest staged in 2018 along the Polonnaruwa-Mahiyanganaya road.The protest was organized in opposition to the
authorities inaction in preventing wild elephants from invading villages.Accordingly, the Supreme Court purchased that S
Bandara, who was the Officer-in-Charge (OIC) of the Aralaganwila Police at the time, must pay compensation of Rs
30,000 each to the petitioners from his private funds.This decision was provided by Supreme Court Judge Yasantha Kodagoda, with the
concurrence of Chief Justice Murdhu Fernando and Justice S
Thurairaja, after thinking about a fundamental rights petition filed by R
Eranda, both locals of Polonnaruwa.In the ruling, the bench highlighted that magistrates ought to not remand people entirely based on
authorities requests.The Supreme Court highlighted the necessity of magistrates making notified and careful choices relating to authorities
requests for remand and stressed the value of magistrates understanding the responsibility.Justice Kodagoda explained that, under the Bail
Act, giving bail is the standard and denying bail should be the exception.The bench mentioned that magistrates must be fully mindful that
the judiciary is committed to securing the essential rights of individuals
Orders restricting such rights must be provided just in lawfully acknowledged remarkable circumstances.Furthermore, the bench specified that
public demonstrations must be dispersed in ways that do not breach essential rights which police officers should be warned of this
obligation.Additionally, the Supreme Court bench bought the Director General of Wildlife to create a proper plan to prevent wild elephants
from getting in villages.Court even more directed that copies of the judgment be sent to the Attorney General, Inspector General of Police,
Director General of Wildlife, Director General of Forest Conservation, the OIC of Aralaganwila Police, and the Director General of the
Mahaweli Authority to take necessary action.
