FR filed by Police OIC challenging transfer at the behest of racketeers: SC grants leave to proceed

The Supreme Court has granted leave to proceed with a Fundamental Rights petition filed by the former OIC of Thelikada police station in Galle district for allegedly unreasonably transferring him to the Tangalle police Division for normal duties at the behest of the racketeers involved in illegal activities in Gin Ganga and forests in Thelikada.

Supreme Court two-judge-bench comprising Justices A.H.M.D. Nawaz and Shiran Goonaratne granted leave to proceed under article 12 (1) for equal protection of law.

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 has 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. 

The petitioner said he joined the Sri Lanka Police Department on March 3, 1993 as a Reserve Sub Inspector of Police and was involved in the investigation of many highly complicated crimes and the apprehension of numerous dangerous offenders. 

The Petitioner states that, during his tenure as the OIC of Thelikada Police Station, he and his subordinate officers arrested several persons for engaging in illegal sand mining in the Gin Ganga, illegal cutting of timber in the area, heroin trafficking and various other crimes.

The petitioner said he subsequently became aware that those who carried out illegal sand mining and timber trafficking had the support and the cover of some of the local politicians.

The petitioner is seeking a declaration that his 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 Inspector General of Police.

He is also seeking a declaration that the purported transfer order is illegal or avail in Law. Senior Counsel Darshana Kuruppu with Counsel Thanuja Dissanayaka appeared for the Petitioner.

Deputy Solicitor General Ganga wakistaarchchi appeared for the respondents. (Lakmal Sooriyagoda)