IGP challenges compulsory leave: SC fixes June 24 for support on FR

The Supreme Court today re-fixed the support for granting leave to proceed on June 24 on the fundamental rights violation petition filed by IGP Pujith Jayasundara challenging the action of being sent on compulsory leave.

The Bench comprised Justices B.P.Aluvihara, Prasanna S. Jayawardena and Lalith Dehideniya. Mr. Jayasundara cited the Attorney General, Snr DIG C.D. Wickremaratne, Members of the Constitutional Council, SIS Director DIG Nilantha Jayawardena, National Intelligence Chief A.N. Sisira Mendis and former Defence Secretary Hemasiri Fernando as respondents.

Additional Solicitor General Indika Demuni de Silva with Senior State Counsel Avanti Perera appearing for the Attorney General, the acting IGP and also on behalf of the President, sought time to obtain instructions and requested that this matter along with the other petitions filed against the petitioner be taken up on July 12. Counsel Viran Corea with Niran Anketel and Dishinka Nelson and instructed by Vithana Pathirana Associates, informed court that notices have already been sent to the respondents twice and that it is a different matter and that steps are being taken to support effective removal of the petitioner contrary to law.

Counsel Anuja Premaratne appeared for former Defence Secretary Hemasiri Fernando. The petitioner is seeking a declaration that the actions of the President and/or the members of the Constitutional Council impugned had infringed his fundamental rights equality and equal protection of law guaranteed under Article 12 (1). He seeks another declaration that the actions of. the President and/or the 3A to 3J respondents impugned have infringed the fundamental rights of the petitioner guaranteed under Article 14(1)(g).

He is asking for a declaration that the operation of the letter dated 29th April 2019 and consequential steps, constitute infringement of his fundamental rights guaranteed under Article 12(1) and/or Article 14(1)(g) of the Constitution. He is also seeking another declaration into the actions of the President and/or the members of the Constitutional Council to exclude him from office without recourse to the proper procedure and/or any steps to remove him from office without due recourse.

The provisions of the Removal of Officers (Procedure) Act No. 05 of 2002, constitute infringement of his fundamental rights guaranteed under Article 12(1) and/or Article 14(1)(g). He is seeking the court to set aside the decision of the President to send him on compulsory leave. He is also seeking an order to set aside the appointment and confirmation by the President and/or the members of the Constitutional Council of the 2nd respondent C.D. Wickremaratne as the Acting Inspector General of Police.

He is pleading for interim orders suspending the decisions of the President to send him on compulsory leave, the order suspending the appointment and/or confirmation by the President, and/or the 3A to 3J respondents of the 2nd respondent as Acting Inspector General of Police until the hearing and final determination of this application.

He is pleading for an interim order preventing steps by  the President to remove him from the office of Inspector General of Police until the hearing and final determination of this application. (S.S. Selvanayagam)