The death of 29-year-old Ishara Harsha Kumara, a father of one from Kiriwaththuduwa, while in police custody has once again thrust Sri Lanka's law enforcement institutions into the harsh spotlight of public scrutiny. His tragic passing has ignited widespread outrage across the country and prompted a high-level investigation, ultimately leading to the arrest of the former Officer-in-Charge (OIC) of the relevant police station. Attorney-at-Law Niroshan Pathberiya has emerged as one of the most vocal voices demanding accountability, warning that Sri Lanka is sliding dangerously toward a culture of "instant police justice" — a phenomenon where punishment is administered long before any trial ever takes place.
What Is "Instant Police Justice"?
The term "instant police justice" refers to extrajudicial acts carried out by law enforcement officers who take it upon themselves to punish, harm, or even kill individuals in their custody, bypassing the legal system entirely. Rather than serving as enforcers of the law, these officers effectively become judge, jury, and executioner. Attorney Pathberiya argues that this pattern is not an isolated occurrence in Sri Lanka but a deeply embedded systemic problem that has been allowed to fester due to institutional indifference, political protection, and alarming public silence.
In the case of Ishara Harsha Kumara, a young man with a family and a future was taken into custody and never returned home alive. The circumstances surrounding his death raise urgent and deeply troubling questions about what happens behind the closed doors of police stations across the country — and who bears responsibility when the state fails its most basic duty to protect those in its care.
The Legal Framework Being Violated
Sri Lanka is a signatory to numerous international human rights conventions, including the United Nations Convention Against Torture. Domestically, the Constitution of Sri Lanka guarantees the fundamental right to life and the right to be free from torture or cruel, inhuman, or degrading treatment. Every person held in custody is entitled to due process — the right to legal representation, the right to a fair trial, and above all, the right to remain alive until proven guilty through a transparent judicial process.
When police officers circumvent these protections, they do not merely break the law — they shatter the very foundation upon which a democratic society is built. Attorney Pathberiya emphasizes that no crime, however serious the allegation against a suspect, justifies extrajudicial punishment. The principle of "innocent until proven guilty" is not a technicality; it is the cornerstone of justice itself.
The Danger of Public Silence
Perhaps the most troubling aspect of this ongoing crisis is not the actions of rogue officers alone, but the silence of ordinary citizens. When custody deaths occur and the public response is muted — or worse, when some citizens quietly justify such violence as deserved punishment for alleged criminals — society becomes complicit in the erosion of its own rights.
Pathberiya warns that public apathy is precisely what allows these abuses to continue unchecked. When people assume that custody deaths only happen to criminals and therefore pose no threat to themselves, they fail to recognize a fundamental truth: a system that can execute one person without trial can execute anyone. The protections that are stripped from the accused today can be stripped from any citizen tomorrow.
History has shown repeatedly that extrajudicial violence, once normalized within a society, does not remain confined to its original targets. It expands, it escalates, and it eventually reaches those who once stood silently by and watched.
Accountability and Institutional Reform
The arrest of the former OIC in connection with Ishara Harsha Kumara's death is a necessary step, but attorneys and human rights advocates argue it is far from sufficient. Individual prosecutions, while important, do not address the structural conditions that enable custody abuse to occur in the first place. Meaningful reform must include independent oversight of police detention facilities, mandatory medical examinations for all detainees upon arrival and release, and robust whistleblower protections for officers who report misconduct by colleagues.
Furthermore, there must be a genuine political will to prosecute offenders regardless of rank or connection. Sri Lanka's history is unfortunately marked by investigations that begin with great fanfare and quietly dissolve without consequence. True accountability demands that justice be pursued to its full conclusion — not abandoned when political pressures mount.
A Call to Action
Attorney Niroshan Pathberiya's message is clear and urgent: the death of Ishara Harsha Kumara must not become another forgotten statistic in a long list of custody fatalities. Every Sri Lankan citizen has a stake in demanding that the rule of law be upheld — not selectively, not conveniently, but consistently and without exception.
Justice delayed is justice denied. But justice replaced by a police officer's fist is not justice at all — it is tyranny wearing a uniform. Sri Lanka must choose, loudly and collectively, which side of that line it stands on.