SC dismisses FR petition filed by Attorney Achala Seneviratne

Colombo, March 12 (Daily Mirror) - A Fundamental Rights petition filed by Attorney-at-Law Achala Seneviratne, challenging the alleged failure on the part of the police to conduct a fair investigation into several complaints she made regarding interference with her professional duties, has been dismissed by the Supreme Court.

While dismissing the application, the Supreme Court observed that it was unable to find that the conduct of the respondent parties amounted to unequal treatment under Article 12(1) or an unjustified restriction of the petitioner’s freedom to engage in her lawful profession under Article 14(1)(g).

The judgment was delivered by a three-judge bench of the Supreme Court comprising Justice Janak De Silva, Justice Sobhitha Rajakaruna and Justice Menaka Wijesundera.

Referring to the concerns raised by the petitioner regarding the alleged failure to provide security to her, Justice Wijesundera noted that material placed before the Court demonstrated that the concerns raised by the petitioner had been duly addressed and considered by the Office on Missing Persons, in consultation with the relevant authorities, including law enforcement agencies and the National Authority for the Protection of Victims of Crime and Witnesses.

In her petition, the petitioner said she appeared for the aggrieved parties in the case against, a retired military officer, and four other accused in respect of obstruction of justice by insulting witnesses, judges and officials and influencing victims

The petitioner stated that she received a threatening phone call on September 15, 2017 and lodged a complaint in this regard with the Keselwatta police station.

 The petitioner further states that on 30th April 2019, she made a complaint to the Director of the CID over a Facebook Post shared against her.

The petitioner states that despite a number of complaints made in person and through various agencies, police have failed to take appropriate action regarding these threats, harassments and intimidations.

However, the Supreme Court held that the petitioner has failed to establish that her fundamental rights under Articles 12(1) and 14(1)(g) of the Constitution have been violated by the respondents.

Counsel Shyamal A. Collure with Prabhath S. Amarasinghe instructed by R. H. Senaka Perera appeared for the Petitioner. Additional Solicitor General Varunika Hettige, appeared for the respondents.