Dear Friends,
The Asian Human Rights Commission has received information regarding Mr. Harischandra Raja Niroshan (27) of No: 62, Ambakotte, Kengalla in the Kandy District. He was illegally arrested, detained and produced before the Courts on fabricated charges. Mr. Niroshan stated that, when his service was terminated, he requested the rights and benefits due him accrued by virtue of his employment. The employer, in collaboration with corrupt police officers, denied him his rights. The victim now seeks justice.
CASE NARRATIVE:
Niroshan, living with his parents had completed his General Certificate of Examination (Ordinary Level). His father is employed in a bakery and his mother is a housewife. He has one elder and one younger sister.
In 2009, Niroshan was employed in a jewellery shop called “Manoma” in Ambuldeniya in Nugegoda, Colombo District. At first, Niroshan was hired as a salesman. Later he was promoted to be in charge of the jewellery shop. He quickly acquired all the necessary skills and working discipline for the job. Throughout his tenure at the workplace, he was praised by his employer for his skills, hard work, dedication and achievements as a service member. He was never implicated by the owner or his fellow workers in any misconduct, illegality or criminal activities. He resided in a boarding house in Nugegoda.
In February 2017, the owner of the jewellery shop, A.W. Mayurapala informed Niroshan that he had decided to close the shop as business was not good. On 16 March 2017, the owner removed all the jewellery inventory in the shop to his residence in Thalangama. Niroshan questioned his employer about the future continuation of his job. Mr. Mayurapala responded that he was no longer engaged in this business, so that puts an end to his job. He asked about his rights and benefits accrued by virtue of his employment of 8 years. He specifically mentioned that he was terminated without any previous notice as required by law, which is a clear violation of his rights under the country’s labor laws. He asked that the owner pay him: compensation for the abrupt termination of his services; a gratuity for his services; and the rights accorded him by the Employment Provident Fund (EPF) and the Employment Trust Fund (ETF). As can be imagined, the owner did not respond favorably. He said he was not aware of these laws. Niroshan understood the owner intentionally ignoring these rights.
Later, the same day, Niroshan was contacted by his employer, requesting him to come to his residence. He thought it was for a discussion which could provide him some relief for his lost job.
However, when he entered the owner’s home, Niroshan was accused of stealing some pieces of jewellery. and was severely beaten. Niroshan refuted the accusation. He explained that he was not informed about any loss until this very moment. He questioned the owner. If such a theft took place, why did he not make a complaint to the police? The owner did not respond. He was detained in a room in the house for some time. Several hours later he was warned by the owner. If you do not pay me Sri Lankan rupees, Rs. 500,000.00 (five hundred thousand), you will not be released but handed over to the police for prosecution. Niroshan pleaded with him that he was not able to let his elderly parents know where he was. So, Mr. Mayurapala released him.
Niroshan came as usual to report for duty in the jewellery shop which was still open for business. Then he began his work, but there was not much turnover. He came to understand that the owner was not winding up the business, but was using this ruse to terminate his service. He still continued working…..
The next day, on 17th March, Niroshan was again BEATEN up by the owner inside the jewellery shop. He was asked to give his father’s telephone number and he complied. Later, his parents told him that the owner called the father and demanded Rs 500,000. If they not give him the money, he would continue to hold him in the shop. Fearing that Niroshan would be harmed, the parents borrowed money from close associates. They came to Colombo to bring Niroshan back home.
Before leaving home, the parents informed the Police Station at Amabakote in Kandy District about the situation. The police told them to make a formal complaint to the Teldeniya Police Station.
After the parents collected the money they immediately informed the owner that they were ready to pay the money requested for the release of their son. The owner replied that he was coming together with their son to Peradeniya. It was not over yet! The owner phoned and requested they come to Plilimatalawa. Finally, they met Niroshan’s parents at Pilimatalawa. They paid Mayurapala the Rs 500,000 ransom money and Niroshan was handed over to his parents. All these devious ploys were done to bypass the legal responsibilities the owner had as the employer of Niroshan.
Once again the owner called the parents and demanded a further Rs. 1,630,000.00. Why so much money they asked? They vehemently refused to pay up once more. In detail they let him know that they did not have that kind of money. He continuously called them, harassing them and demanding more money. He threatened the parents that he would TAKE NIROSHAN’S LIFE. Each time they refused his demands and showed their unwillingness and inability to comply.
On the 23rd April, several unknown people approached Niroshan’s house and called for him to show himself. When the parents requested proof of their identity, four of them identified as police officers attached to the Criminal Investigation Division (CID) together with supporters of the jewelry shop owner. Immediately, the parents got in contact with the Ambakote Police Post.
Four police officers attached to the Ambakote Police Post came to Niroshan’s house and checked the identities of the CID officers. The officers informed the CID officers about the Departmental Orders (DO) of the Police Department. They requested that the officers first report to the particular police station in the division, if they need to operate in that division for any official duties. The CID officers were asked to report to the Teldeniya Police Station and make a report. They explained that they followed the orders given to them. The officers of the area questioned the CID officers for not following DOs and warned the CID officers about the illegality of their duties.
Later they reported to the Teldeniya Police Station parents are unaware about what happened inside the station. The CID came, arrested Niroshan and took him about 5.30 p.m. to the Mirihana Police Station in Nugegoda. Unfortunately, the CID officers did not give proper reasons for his arrest to the Teldeniya Police Station personnel. All through this time, the parents complained to the police about the illegal behavior of some officers. Niroshan’s parents went to the Teldeniya Police Station with the understanding that Niroshan would be brought there, but he was not. The parents then wanted to lodge a complaint with the same police station. It was refused and the parents were asked to follow the van, which brought Niroshan.
After the parents of Niroshan reached the Mirihana Police Station, it was discovered that the arresting officers reached there by 1.30 a.m. on the 24th. Then the parents questioned why they were bringing their son to the Mirihana Police Station instead of CID, why the delay of several hours, why were they violating the law?
Niroshan was detained at the police station and his statement was recorded. He was produced in court on the 24th April about 3.40 p.m. In great detail, Niroshan’s lawyer explained to the Magistrate about the illegality of the entire procedure of arresting his client. He further stated that the officers’ behavior in carrying out their duties was very clearly a completely illegal activity. He was able to produce evidence that showed the owner of the shop grabbing the ransom money. It came via a telecasting video that was recorded while handing the money of Rs. 500 000 to the owner before they were in Pilimatalawa. Considering all the submissions, the Magistrate straight away granted him bail.
Niroshan’s family later learned that he was produced in the Court under the complaint that he had stolen jewellery worth 1,630,000.00 (One million and six hundred and thirty thousand) from the jewellery shop. Niroshan and his parents categorically denied the accusation. They clearly stated that, there was no such verbal or written complaint at the police station at the time of arrest or after arrest—or even before he was brought before the Court. Furthermore, they were never informed by the owner or anybody else about lost jewellery from the shop. Niroshan said that this particular shop never had a worthwhile turnout at any time while he worked there. This accusation is completely fabricated and baseless. In their search of his possessions, the Police never found any large amounts of money or a part of any such money. Niroshan stated that if there is any loss of jewellery, it would have been very easy to notice the loss either by the owner or members of the staff as they count and check the inventory of the jewelry in the shop end of every day. Throughout his tenue at the shop, the owner never made any such complaint. It is of note that the Police did conduct a proper investigation as stipulated and required in the Criminal Procedure Code of Sri Lanka.
While they were in the compound of the police station, Niroshan and his parents overheard a conversation between the owner A.W. Mayurapala and the Officer-in-Charge (OIC) of the Mirihana Police Station. The OIC said “I have done my Job” and the owner in reply said “your quota is already given”. Then Niroshan and the parent learned that this illegal arrest was made by police for the money given to them by the owner.
In the end, Niroshan and his parents learned the actual reasons behind his arrest. They were entangled in a well-planned scenario to extort money from them. The owner, along with several police officers under the command of the OIC of the Mirihana Police Station fabricated the case against Niroshan. They illegally arrested, detained and produced Niroshan before the courts to illicitly obtain money from him and his family. They believe that the Teldeniya OIC was part of the scheme as he refused to accept their complaint against the illegal arrest. Niroshan’s case was postponed to 25th September 2017.
In summary, Niroshan declared that he was illegally arrested, detained and produced before the courts under trumped up charges. He communicated that police officers violated his fundamental rights guaranteed by the Constitution. HE IS LOOKING FOR JUSTICE.
SUGGESTED ACTION:
Please write a letter to the authorities listed below. Express your concern about this case. Request an immediate investigation into the following allegations: illegal arrest, detention, and filing of fabricated charges, alleged to have been carried out by perpetrators in the POLICE FORCE with the backing of Mr. MAYURAPALA. Those proven to be responsible under the criminal law for misuse of the powers of the State must be prosecuted. Any officers involved must be subject to internal investigations for breach of Police Departmental orders. May I also request the National Police Commissioner and the Inspector General of Police to open a special investigation into the malpractices of Police Officers abusing their power.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ________,
SRI LANKA: Innocent man illegally arrested by Police to satisfy a corrupt businessman
Name of Victims:
1) Mr. Harischandra Raja Niroshan (27) of No: 62, Ambakotte, Kengalla in Kandy District
2) The parent of Niroshan
Alleged perpetrators:
1) OIC and several police officers attached to the Mirihana Police Station
2) OIC of the Teldeniya Police Station
2) A.W. Mayurapala the owner of the “Manoma” jewellery shop in Ambuldeniya in Nugegoda, Colombo District
Date of incident: From 16 March 2017 onwards
Place of incidents: Manoma Jewellery Shop: residence of Mr.Mayurapala: Kandy Police Division and Mirihana Police Division
I have received information regarding Mr. Harischandra Raja Niroshan (27) of No: 62, Ambakotte, Kengalla in the Kandy District. He has been illegally arrested, detained and produced before the Courts on fabricated charges. Mr. Niroshan stated that, when his service was terminated, he requested the rights and benefits due him accrued by virtue of his employment. The employer, in collaboration with corrupt police officers, denied him his rights. The victim now seeks justice.
In 2009, Niroshan was employed in a jewellery shop called “Manoma” in Ambuldeniya in Nugegoda, Colombo District. At first, Niroshan was hired as a salesman. Later he was promoted to be in charge of the jewellery shop. He quickly acquired all the necessary skills and working discipline for the job. Throughout his tenure at the workplace, he was praised by his employer for his skills, hard work, dedication and achievements as a service member. He was never implicated by the owner or his fellow workers in any misconduct, illegality or criminal activities. He resided in a boarding house in Nugegoda.
Harischandra Raja Niroshan
In February 2017, the owner of the jewellery shop, A.W. Mayurapala informed Niroshan that he had decided to close the shop as business was not good. On 16 March 2017, the owner removed all the jewellery inventory in the shop to his residence in Thalangama. Niroshan questioned his employer about the future continuation of his job. Mr. Mayurapala responded that he was no longer engaged in this business, so that puts an end to his job. He asked about his rights and benefits accrued by virtue of his employment of 8 years. He specifically mentioned that he was terminated without any previous notice as required by law, which is a clear violation of his rights under the country’s labor laws. He asked that the owner pay him: compensation for the abrupt termination of his services; a gratuity for his services; and the rights accorded him by the Employment Provident Fund (EPF) and the Employment Trust Fund (ETF). As can be imagined, the owner did not respond favorably. He said he was not aware of these laws. Niroshan understood the owner intentionally ignoring these rights.
Later, the same day, Niroshan was contacted by his employer, requesting him to come to his residence. He thought it was for a discussion which could provide him some relief for his lost job.
However, when he entered the owner’s home, Niroshan was accused of stealing some pieces of jewellery. and was severely beaten. Niroshan refuted the accusation. He explained that he was not informed about any loss until this very moment. He questioned the owner. If such a theft took place, why did he not make a complaint to the police? The owner did not respond. He was detained in a room in the house for some time. Several hours later he was warned by the owner. If you do not pay me Sri Lankan rupees, Rs. 500,000.00 (five hundred thousand), you will not be released but handed over to the police for prosecution. Niroshan pleaded with him that he was not able to let his elderly parents know where he was. So, Mr. Mayurapala released him.
Niroshan came as usual to report for duty in the jewellery shop which was still open for business. Then he began his work, but there was not much turnover. He came to understand that the owner was not winding up the business, but was using this ruse to terminate his service. He still continued working…..
The next day, on 17th March, Niroshan was again BEATEN up by the owner inside the jewellery shop. He was asked to give his father’s telephone number and he complied. Later, his parents told him that the owner called the father and demanded Rs 500,000. If they not give him the money, he would continue to hold him in the shop. Fearing that Niroshan would be harmed, the parents borrowed money from close associates. They came to Colombo to bring Niroshan back home.
Before leaving home, the parents informed the Police Station at Amabakote in Kandy District about the situation. The police told them to make a formal complaint to the Teldeniya Police Station.
After the parents collected the money they immediately informed the owner that they were ready to pay the money requested for the release of their son. The owner replied that he was coming together with their son to Peradeniya. It was not over yet! The owner phoned and requested they come to Plilimatalawa. Finally, they met Niroshan’s parents at Pilimatalawa. They paid Mayurapala the Rs 500,000 ransom money and Niroshan was handed over to his parents. All these devious ploys were done to bypass the legal responsibilities the owner had as the employer of Niroshan.
Once again the owner called the parents and demanded a further Rs. 1,630,000.00. Why so much money they asked? They vehemently refused to pay up once more. In detail they let him know that they did not have that kind of money. He continuously called them, harassing them and demanding more money. He threatened the parents that he would TAKE NIROSHAN’S LIFE. Each time they refused his demands and showed their unwillingness and inability to comply.
On the 23rd April, several unknown people approached Niroshan’s house and called for him to show himself. When the parents requested proof of their identity, four of them identified as police officers attached to the Criminal Investigation Division (CID) together with supporters of the jewelry shop owner. Immediately, the parents got in contact with the Ambakote Police Post.
Four police officers attached to the Ambakote Police Post came to Niroshan’s house and checked the identities of the CID officers. The officers informed the CID officers about the Departmental Orders (DO) of the Police Department. They requested that the officers first report to the particular police station in the division, if they need to operate in that division for any official duties. The CID officers were asked to report to the Teldeniya Police Station and make a report. They explained that they followed the orders given to them. The officers of the area questioned the CID officers for not following DOs and warned the CID officers about the illegality of their duties.
Later they reported to the Teldeniya Police Station parents are unaware about what happened inside the station. The CID came, arrested Niroshan and took him about 5.30 p.m. to the Mirihana Police Station in Nugegoda. Unfortunately, the CID officers did not give proper reasons for his arrest to the Teldeniya Police Station personnel. All through this time, the parents complained to the police about the illegal behavior of some officers. Niroshan’s parents went to the Teldeniya Police Station with the understanding that Niroshan would be brought there, but he was not. The parents then wanted to lodge a complaint with the same police station. It was refused and the parents were asked to follow the van, which brought Niroshan.
After the parents of Niroshan reached the Mirihana Police Station, it was discovered that the arresting officers reached there by 1.30 a.m. on the 24th. Then the parents questioned why they were bringing their son to the Mirihana Police Station instead of CID, why the delay of several hours, why were they violating the law?
Niroshan was detained at the police station and his statement was recorded. He was produced in court on the 24th April about 3.40 p.m. In great detail, Niroshan’s lawyer explained to the Magistrate about the illegality of the entire procedure of arresting his client. He further stated that the officers’ behavior in carrying out their duties was very clearly a completely illegal activity. He was able to produce evidence that showed the owner of the shop grabbing the ransom money. It came via a telecasting video that was recorded while handing the money of Rs. 500 000 to the owner before they were in Pilimatalawa. Considering all the submissions, the Magistrate straight away granted him bail.
Niroshan’s family later learned that he was produced in the Court under the complaint that he had stolen jewellery worth 1,630,000.00 (One million and six hundred and thirty thousand) from the jewellery shop. Niroshan and his parents categorically denied the accusation. They clearly stated that, there was no such verbal or written complaint at the police station at the time of arrest or after arrest—or even before he was brought before the Court. Furthermore, they were never informed by the owner or anybody else about lost jewellery from the shop. Niroshan said that this particular shop never had a worthwhile turnout at any time while he worked there. This accusation is completely fabricated and baseless. In their search of his possessions, the Police never found any large amounts of money or a part of any such money. Niroshan stated that if there is any loss of jewellery, it would have been very easy to notice the loss either by the owner or members of the staff as they count and check the inventory of the jewellery in the shop end of every day. Throughout his tenue at the shop, the owner never made any such complaint. It is of note that the Police did conduct a proper investigation as stipulated and required in the Criminal Procedure Code of Sri Lanka.
While they were in the compound of the police station, Niroshan and his parents overheard a conversation between the owner A.W. Mayurapala and the Officer-in-Charge (OIC) of the Mirihana Police Station. The OIC said “I have done my Job” and the owner in reply said “your quota is already given”. Then Niroshan and the parent learned that this illegal arrest was made by police for the money given to them by the owner.
In the end, Niroshan and his parents learned the actual reasons behind his arrest. They were entangled in a well-planned scenario to extort money from them. The owner, along with several police officers under the command of the OIC of the Mirihana Police Station fabricated the case against Niroshan. They illegally arrested, detained and produced Niroshan before the courts to illicitly obtain money from him and his family. They believe that the Teldeniya OIC was part of the scheme as he refused to accept their complaint against the illegal arrest. Niroshan’s case was postponed to 25th September 2017.
In summary, Niroshan declared that he was illegally arrested, detained and produced before the courts under trumped up charges. He communicated that police officers violated his fundamental rights guaranteed by the Constitution.
I request the intervention of your good offices. Kindly ensure that the authorities listed below open an immediate investigation into the allegations of violations of fundamental rights of the victim by officers of the Sri Lanka Police Department. Any officers involved should also be subject to internal investigations for breach of Police Departmental orders.
Yours sincerely,
———————
PLEASE SEND YOUR LETTERS TO:
1. Mr. Pujith Jayasundara
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440 / 327877
E-mail: igp@police.lk
2. Mr. Jayantha Jayasooriya PC
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
E-mail: ag@attorneygeneral.gov.lk
3. Secretary
National Police Commission
3rd Floor, Rotunda Towers
109 Galle Road
Colombo 03
SRI LANKA
Tel: +94 11 2 395310
Fax: +94 11 2 395867
E-mail: npcgen@sltnet.lk or polcom@sltnet.lk
4. Secretary
Human Rights Commission
No. 36, Kynsey Road
Colombo 8
SRI LANKA
Tel: +94 11 2 694 925 / 673 806
Fax: +94 11 2 694 924 / 696 470
E-mail: sechrc@sltnet.lk
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
