HUMAN RIGHTS COMMISSION OF SRI LANKA, Annual Report 2018
The Commission found that the forfeiture of the complainant's land and
property by the Minister under power vested in him by Regulation 7(1)
has not been made consequent to a proper inquiry into the matter. The
Commission was also guided by the judgment of the Supreme Court in
SCFR application No: 15/2010 in which it was held that the decision to
forfeit the property was arbitrary and unreasonable and the forfeiture
illegal since the Minister had not complied with the principles of natural
justice nor established that the property concerned belonged to a
proscribed organization. On the strength of these findings, the
Commission found that the fundamental rights of the complainant as
guaranteed by Article 12(1) of the Constitution have been infringed by
the State. Therefore, it was recommended that the order of forfeiture be
revoked and the property restored to the complainant, forthwith. The
Commission also directed the payment of Rs. 300,000/- as
compensation and costs to the complainant by the State.
▪
Inaction against unauthorized constructions (Complaint No.
HRC/912/14/I-23)
The Commission concluded that the Urban Council of Kesbewa and the
Urban Development Authority in Battaramulla have acted contrary to
section 28(a)(3) of the Urban Development Authority Act by not acting
on a complaint by the petitioner against an unauthorized construction.
The inaction of the authorities was found to be a violation of the
petitioner’s rights under article 12(1) of the Constitution. The
Commission directed the authorities to take requisite action in
accordance with the Urban Development Authority Act.
▪
Non-payment of compensation to a public servant injured in
an
accident
while
on
duty
(Complaint
No.
HRC/AP/236/2014)
In this instance, the Commission found that the non-payment of
compensation to the petitioner who was involved in an accident while
on duty violated the petitioner’s right to equality before the law and
equal protection of the law under article 12(1) of the Constitution. The
petitioner, a public servant in the health sector, had been involved in an
accident while on his way to work and was subsequently declared by
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