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Public officers reluctant to seek judicial remedies as they are subjected to harassment by top officials - Counsel

27 November 2021 08:31 am - 3     - {{hitsCtrl.values.hits}}

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Revealing the consequences the government officers have to face when they institute legal action against their high ranking officers for violating Fundamental Rights, a counsel yesterday informed Supreme Court that government officers are now reluctant to come before Court for violation of their Fundamental Rights as the senior officers start to harass them frequently.

Counsel Darshana Kuruppu made these remarks when the Fundamental Rights petition filed by OIC of the Mawathagama Police Station was taken up for support.

Counsel informed court that after filing the Fundamental Rights petition, some of the respondents have started to harass his client.

He submitted to court that  the first respondent of the petition is going to issue charge sheet against his client based on earlier incident for which the sixth respondent had recorded statement and decided that no iota of evidence to have a disciplinary inquiry against the petitioner.


The OIC of the Mawathagama Police Station had filed a Fundamental Rights petition in Supreme Court seeking an order to suspend the appointment and transfer him as the OIC of the Wariyapola Police Station with immediate effect.

Sureme Court three-judge-bench comprising Justice Murudu Fernando,
Justice Gamini Amarasekara and Justice Arjuna Obeysekera fixed the petition for taken up support on December 14.

The petitioner, Chief Inspector Sisila Senadheera Jayakody is further seeking a declaration that the Petitioner’s Fundamental Right to Equality and Equal protection of the Law guaranteed to him by Article 12(1) of the Constitution has been infringed by the first to third respondents in the petition including IGP C.D. Wickramaratne.  
 
The petitioner cited Inspector General of Police C.D. Wickramaratne, Deputy Inspector General of Police M.N. Sisira Kumara , Senior Superintendent of Police A.J.Y.B. Krishantha (Kurunegala Division), the Chairman and members of Public Service Commission and several others as respondents.

The petitioner stated that the said cancellation of his appointment and transfer as the Officer-in-Charge of the Wariyapola Police Station will not only effectively hamper and obstruct the career progression of the Petitioner but has also seriously affected his reputation and good name.
 
The Petitioner states that during his career with the Sri Lanka Police Department, he has been involved in the investigation of many highly complicated crimes and the apprehending of numerous dangerous offenders.
 
He states that, at all times he has served the Sri Lanka Police Department honestly, diligently and efficiently, and has an outstanding record of service. He further states that he has at all times upheld the paramount interests of the Sri Lanka Police Department, the Country and indeed of the public at large.(Lakmal Sooriyagoda)

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  Comments - 3

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  • Karalasingam Sivalingam Saturday, 27 November 2021 09:13 AM

    A brave officer. This is happening in government, non- governmental and private sector. A mechanism should be evolved to accept and enquire into complaints of suppression of human rights.

    Waco Saturday, 27 November 2021 09:34 AM

    Why the Department of Police come under the “Public Service Commission “. The Department of Police , although it is a public Service their role different . They are the custodians of the Law of the country. Therefore the Department of Police should be directly under the President like the Security Forces.

    Felix Saturday, 27 November 2021 11:12 AM

    Why isn't the Human Rights violations of the Private sector not being taken up by the Human rights commission of Sri Lanka?? I don't know, that's why I am asking.


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