KUMARA AND OTHERS

Vs.

OFFICER-IN-CHARGE, POLICE STATION, KATUNAYAKE AND OTHERS

SUPREME COURT
ALUWIHARE, J.
JAYAWARDENA, J.
PERERA, J.
SC/FR/265-274/2011 WITH SC/FR/346-348/2011
NOVEMBER 1, 2017

Fundamental rights-Articles 11, 12(1), 13(1) and 14(1)(b) of the Constitution-Protest by Free Trade Zone workers against Employees' Pension Benefits Fund Bill-Reasonable apprehension of disruption of public order-Use of excessive force to quell protest by police-Proportionality

Around 4,000 to 5,000 workers employed in the Katunayake Free Trade Zone (FTZ) participated in a protest within the FTZ premises against the Employees' Pension Benefits Fund Bill that had been tabled in Parliament. Although the protest started peacefully, towards noon the situation had become tense, with the number of protestors increasing and stones being pelted between the police and the protesters. Subsequently the police fired tear gas and live ammunition on the protestors and then charged at them with batons and iron rods. The petitioner in SC FR 265/2011 was one of the protestors and had obtained a gunshot wound while trying to escape the charge of the police, which left hi