SC holds ex-IGP violated Kataragama OIC’s Fundamental Rights

Colombo, Dec. 15 (Daily Mirror)- The Supreme Court has held that the former Inspector General of Police had violated the Fundamental Rights of the former OIC of Thelikada Police station in the Galle District by “unreasonably transferring him to the Tangalle Police Division” at the behest of persons involved in alleged illegal activities in Gin Ganga and forests in Thelikada.

Supreme Court three-judge-bench comprising Justices Vijith Malalgoda, Mahinda Samayawardena and Arjuna Obeysekera observed that former IGP Chandana Wickremaratne violated the Fundamental Rights of the Petitioner, guaranteed under Article 12(1) of the Constitution by transferring him from Thelikada Police Station.

However, the court held that since the Petitioner is presently serving as an Officer in Charge of a Police Station, the court would not make any order to have him back at Thelikada Police Station.

Chief Inspector K.M.L. Janaka Priya, who is presently attached to the Kataragama Police Station had named IGP C.D. Wickramaratne, State Minister of Coast Conservation Mohan Priyadarshana De Silva, Minister of Public Security Sarath Weerasekara, Public Service Commission and several others as respondents.

The petitioner alleged that he had been transferred from the Post of the OIC of Thelikada Police Station to Tangalle Police Division on the ground of exigencies of service, whereas the real reason for his transfer is not based on exigencies of service, but is a case of political victimization at the behest of aggrieved complainants (by the perpetrators) carrying on business in illegal sand mining in Gin Ganga, illegal logging in the forests in the Thelikada Police area and other crimes. 

Senior Counsel Darshana Kuruppu appeared for the Petitioner. Deputy Solicitor General Ganga Wakistaarchchi appeared for the respondents.