Lawyer's rights at police stations to be gazetted

27 January 2012 10:08 pm - 4 - {{hitsCtrl.values.hits}}

A A A

The Attorney General had informed the Supreme Court that steps were being taken by the Police Department to gazette the regulations covering the rights of Attorneys-at-Law to represent their clients at police stations.

Deputy Solicitor General Shavindra Fernando also moved for a three month period finalise it.

The Bench comprising Chief Justice Shirani A. Bandaranayake, Justices P.A. Ratnayake and Priyasath Dep fixed the matter to be mentioned on May 21.

Petitioner D.W.C. Mohotti in his fundamental rights violation petition had cited Bambalapitiya Police OIC, IGP Jayantha Wickremaratne, National Police Chairman Neville Piyadigama and the Attorney General as respondents.

Sanjeeva Jayawardane appeared on behalf of the Petitioner. President’s Counsel Shibly Aziz with Rohan Sahabandu appeared for the Bar Association of Sri Lanka. Deputy Solicitor General Shavindra Fernando with Senior State Counsel Shanaka Wijesinghe appeared for the Attorney General.

In a motion, the Respondents indicated that they wished to settle the case and in pursuance there of, when this matter was called on April 3, 2009 parties agreed to settle this matter and the court directed the parties to file Terms of Settlement by way of motion.

The terms of settlement are as follows:
1. The IGP shall forthwith frame and issue formal rules under and in terms of section 55 of the Police Ordinance as amended duly approved by the Minister, for the purpose of inter alia recognising and protecting the rights of an Attorney-at-law to represent or protect the interest of his/her client at any Police Station, Police Head Quarters and/or any other permanent unit, base, post or such like, that has been established by the Police anywhere in the country, whether such client is a suspect or otherwise;

2. The IGP shall forthwith cause the same to be also duly incorporated in the Departmental Orders of the Police;

3. The IGP shall at all times implement and enforce the said rules issued under Section 55 of the Police Ordinance and copies of such rules shall be issued to the OIC of every Police Station, Head Quarters and/or any other permanent unit, base, post or such like that has been established by the Police situated island-wide and it shall be the responsibility of such OIC to issue copies to every officer under his purview and command and to generally disseminate information with regard to the content and due and strict observance of such rules anywhere in the country;

4. There shall be established as provided for in the said rules, a special committee comprising of a senior officer of the Attorney General’s Department not below the rank of Additional Solicitor General, who shall also be the ex-officio Chairman of the said Committee, the other members shall comprise of the President of the Bar Association of Sri Lanka, the Director (Legal) of the Police, and a serving member of the National Police Commission;

5. The said Committee shall be charged with the function of monitoring and facilitating the due and proper observance of the above mentioned Police Rules and reporting any breaches thereof to the IGP and generally, to do all such acts that shall serve to promote and foster better relations between the members of the Legal Profession and members of the Police;

6. Such Committee shall also be entitled to make recommendations and report to the IGP, the Attorney General and the National Police Commission, as the case may be, with regard to any breach of such rules and in respect of the proceedings that should be launched thereon, against the officer in question;
7. The meeting of the said Committee shall be convened with reasonable regularity by the Chairman of the said Committee and in addition thereto, in the event of a request being made by any one or more members of the said Committee, as the case may be. (S.S. Selvanayagam)

Order Gifts and Flowers to Sri Lanka. See Kapruka's top selling online shopping categories such as Toys, Grocery, Kids Toys, Birthday Cakes, Fruits, Chocolates, Clothing and Electronics. Also see Kapruka's unique online services such as Money Remittence,Astrology, Courier/Delivery, Medicine Delivery and over 700 top brands. Also get products from Amazon & Ebay via Kapruka Gloabal Shop into Sri Lanka

Comments - 4

Ariya Saturday, 28 January 2012 03:56 AM

Maybe you should gazette citizen's right also, and place them on the wall at the police station?!

Vasanthie Saturday, 28 January 2012 11:32 AM

I fully agree. Not only police stations as well as in Municipal councials

xlntgson Saturday, 28 January 2012 05:18 PM

...and there should be a round the clock court within every police station to mediate or pass first order by an acting or unofficial magistrate so that it may assist the magistrate later, if needed in case no mediation is possible. The police mediation is always objectionable to lawyers of them many are namesake unofficial magistrates.

mudiyansemama Sunday, 29 January 2012 04:13 AM

Yet another revenue stream for the professionals from common man's pocket. I rather happy to go for settlements even at a cost without paying so call mediators and time wasting process. Hardly no one would appear for you if you do not have money. Activities of the recent past proved that all the laws and regulations are applied only for common man and poor man.

Add comment
Comments will be edited (grammar, spelling and slang) and authorized at the discretion of Daily Mirror online. The website also has the right not to publish selected comments.

Lawyer's rights at police stations to be gazetted

Comments - 4

Add comment

RECOMMENDED

UDA owned land in Thalawathugoda; UDA Minister Prasanna Ranatunga under the spotlight for forceful occupation of reserved land

Loss-making SMIB faces political pressure in recovering loans

Baltimore Bridge Collapse: MV Dali, SL authorities anchored in mystery?

Has Sri Lanka become a potential hub for the illegal wildlife trade?

Spotlight on Moragahakanda Development Project Moragolla villagers lose livelihoods and down to one meal a day

Ambitious Sri Lankan jobseekers ‘trafficked into Ukraine war zones’

Western purple-faced langurs see blue!

Most Viewed in News

April 15 declared a government holiday

Confusion remains if April 15 is a bank holiday

Former MP Palitha Thewarapperuma dies from electrocution

A US “Kaputa”, a Lankan “Nariya” and a Presidential “Feast”

23 year old youth ends up having his testicles removed

New Visa procedure implemented

MIRROR CRICKET

Chamari Athapaththu sets big goal for T20 World Cup

How does CSK get best out of Pathirana?

Mendis, Mathews move up in ICC Test Rankings

Chamodi, Dewmi spins Sri Lanka U19 Women to big win

TODAY'S HEADLINES

Wild elephants pull down 16 telephone poles

Middleman arrested for price gouging at Kalutara eatery

Bondholders’ agreement delay won’t hinder IMF third tranche payout: Dr. Coomaraswamy

Party leaders to shoot down MPs request for concessionary duty free vehicle permits

Hardik fined Rs 12 lakh for violating IPL code of conduct after win over Punjab Kings

Chamari Athapaththu sets big goal for T20 World Cup

How does CSK get best out of Pathirana?

Mendis, Mathews move up in ICC Test Rankings