R.K.G. Dingiri Banda was an officer in the Gajaba regiment of the Sri Lanka Army. On the night of 21 October 2000, he was asleep at his quarters at the Saliyapura camp. Just after midnight, two superior officers came and physically assaulted him. As a result of the assault, the Dingiri Banda suffered severe injuries and was admitted to the Military Hospital of Anuradhapura the following day. He was soon moved to the General Hospital of Anuradhapura for further treatment, since his condition was deemed critical. On 3 November 2000, he was moved to the intensive care unit of the General Hospital of Kandy where he remained for one month. He remained at this hospital until 26 January 2001. The injuries sustained by the author included renal and respiratory failures, genital bleeding and impairment of liver functions.
R.K.G.Dingiri Banda was granted leave for medical reasons until 16 February 2001. After that date, he was moved to the Army Hospital in Colombo for a week and granted a further period of sick leave until 20 April 2001. On 21 April 2001, he was admitted to the Centre for Rehabilitation of the Saliyapura Army Camp. Since his health was still deteriorating, he was re-admitted at the Military Hospital of Anuradhapura on 30 April 2001: He was then categorised as a person “not fit enough to handle firearms” by the psychiatrist of the General Hospital of Kandy. On 20 October 2001, he was also categorised as a person destined to “sedentary duties”, since his left kneecap had calcified as a result of the injuries he had suffered. Since then, Dingiri Banda has lost his position in the Sri Lanka army because he was declared unfit to serve in the military.
R.K.G. Dingiri Banda was filed a complaint against the perpetrators of the assault before the Military Court. As a result, the Regimental Commander of the Gajaba Regiment Detachment at the Saliyapura camp ordered an inquiry into the incident. However, Dingiri Banda was not granted any opportunity to present evidence during that inquiry. The Court of Inquiry, composed of officers from the Gajaba Regiment, concluded that the two perpetrators of the assault had acted in an offensive and scandalous manner that caused disrepute to the Sri Lanka Army. Nevertheless, no Court Martial was subsequently convened and the perpetrators were only given a temporary suspension of their promotion. The perpetrators were later promoted and serve today as captains in the Sri Lanka Army.
Following the submission of a police report, a non-summary inquiry was initiated before the Magistrate’s Court of Anuradhapura against the two perpetrators on charges of attempted murder. 1 On 13 June 2003, the Dingiri Banda gave a statement before the court, providing all details about the incident. The inquiry is still on-going after five years. The delay has been caused by the failure of the Medical Officer to send his medical report on the author’s injuries, despite several requests from the Court.
A non-summary inquiry is a preliminary inquiry for the recording of statements by a magistrate before the indictment is filed at the High Court for a serious crime, e.g. murder or attempted murder.
On 19 August 2002, the Dingiri Banda filed a fundamental rights application in the Supreme Court of Sri Lanka. He was assisted by a pro bono counsel assigned to him by the Human Rights Centre of the Colombo Bar Association. In view of the several attempts made by the perpetrators to reach a friendly settlement in the matter, Dingiri Banda send a letter to his counsel dated 25 June 2004 giving him specific instructions not to agree to any settlement with the perpetrators. However, on 28 June 2004, he learnt that his counsel had appeared before the Supreme Court and withdrawn his application. The proceedings before the Supreme Court were thus terminated. He immediately wrote to the Chief Justice and to his counsel to have the case resumed for hearing. He has not received any reply. Dingiri Banda also filed a complaint against his counsel with the Colombo Far Association. However, no inquiry in this matter has been conducted so far.
On 14 October 2002, R.K.G. Dingiri Banda filed a civil complaint before the district Court of Anuradhapura, claiming civil damages from the perpetrators. This procedure has also been repeatedly adjourned and no decision has been handed down.
On 3 September 2004, two unknown persons called at the Dingiri Banda’s house asking for him. When his sister replied that she did not know where he was, they warned her that they knew how to trace him. Following this incident, Dingiri Banda started to receive death threats, warning him not to proceed with the case. He has been in hiding since 3 September 2004.
