Court Rules IGP Violated Fundamental Rights Of Cop


(MENAFN- Colombo Gazette)

The Supreme Court had held that the Inspector General of Police (IGP) and other Respondents violated the fundamental rights of Sub Inspector (SI) Sugath Mendis which are protected by Article 12(1) and 14(1)(g).

The court also awarded compensation of Rs.1 million to be paid within 3 months and ordered that the SI not to be prejudiced in any way with regard to salary, entitlements, promotions etc. on account of his wrongful interdiction.

The Petitioner, Rannulu Sugath Mohana Mendis, was arrested on the 03rd of August, 2020 and produced at the Gampaha Magistrate's Court with a B-report on purported allegations that the suspect had falsely introduced certain weapons that fell within the ambit of the Offensive Weapons Act No. 18 of 1966, Firearms OrdinanceNo. 33 of 1916 as amended by Act No. 22 of 1996 and the Explosives Act No. 21 of 1956 as amended by Act No. 33 of 1969.

The B-report also alleged that the suspect had fabricated evidence to frame and arrest the former Deputy Inspector General Police, namely Sajin de Vass-Gunawardena.

However, the investigations relating to the said B-report were pending in Court as at the date of filing the instant application.\

Subsequently, the 1st Respondent, namely the Assistant Superintendent of Police,
Embilipitiya (hereinafter referred to as the“1st Respondent”), issued a purported letter
of interdiction dated the 07th of August, 2020, placing the Petitioner on interdiction without pay.

The Petitioner filed an application in the Supreme Court of Sri Lanka on the 23rd of March, 2022 against the Respondents, for alleged violation of fundamental rights enshrined under Articles 12(1) and 14 (1)(g) of the Constitution, and prayed inter alia for his salary to be paid until the final determination of the Application.

When the matter was taken up on the 18th of May, 2022, upon hearing both Counsel,
the Court granted Leave to Proceed against the 1st – 14th Respondents under Articles
12(1) and 14(1)(g) of the Constitution.

Viran Corea with Thilini Vidanagamage instructed by Lilanthi De Silva appeared for the Petitioner. (Colombo Gazette)

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Colombo Gazette

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