In a stunning verdict defending civil liberties, Sri Lanka’s Supreme Court ruled that police violated the fundamental rights of two farmers arrested for protesting elephant invasions in 2018. The judgment not only rebukes the police but also calls for magistrates and wildlife officials to uphold justice and prevent such violations in the future.
The Supreme Court of Sri Lanka delivered a landmark verdict on July 7, ruling that the fundamental rights of two farmers were violated when they were arrested and remanded for protesting against the government’s failure to prevent wild elephant incursions in their village. The incident, which occurred in 2018 in the Kalu Kele area on the Polonnaruwa-Mahiyangana road, has now culminated in a ruling that calls for accountability, judicial reform, and better wildlife management.
The apex court ordered the then Officer-in-Charge (OIC) of the Aralaganwila Police, S.M.L.R. Bandara, to personally pay Rs. 30,000 to each of the petitioners, holding him liable for the wrongful arrests. The two farmers, R.A. Gamini Jayaratne and H.R. Eranda, had filed a fundamental rights petition against the police, which led to this crucial judgment.
The decision, delivered by Supreme Court Justice Yasantha Kodagoda and supported by Chief Justice Jayantha Jayasuriya and Justice S. Thurairaja, set a powerful precedent. The ruling emphasized that magistrates must not automatically remand individuals solely based on police requests. Instead, judicial officers should exercise discretion aligned with the principles of justice, ensuring that bail is granted as a rule and denied only under exceptional and lawful circumstances.
Justice Kodagoda stressed that judicial officers must remain acutely aware that the judiciary exists to protect the people’s fundamental rights and not restrict them arbitrarily. Any limitations on these rights must be imposed strictly under recognized legal exceptions. The court also expressed concern about the lack of police understanding regarding lawful procedures for dispersing public protests. It emphasized the need for education and reform.
The judgment also urged the Judicial Training Institute to train magistrates on the legal principles clarified in the ruling, particularly the importance of safeguarding human rights during remand and protest situations.
Furthermore, the Supreme Court addressed the root cause of the farmers’ protest the ongoing issue of human-elephant conflict. It directed the Director General of Wildlife to implement a comprehensive program to prevent wild elephants from entering residential villages. The bench ordered that copies of the judgment be sent to key authorities including the Attorney General, Inspector General of Police, Director General of Wildlife, Director General of Forest Conservation, the OIC of Aralaganwila Police, the Director General of the Mahaweli Authority, and others to ensure that necessary actions are taken.
This judgment is seen as a major win for civil liberties in Sri Lanka, reinforcing that public officials including police and judicial officers—must be held accountable when they violate the rights of citizens.
