Supreme Court decides to hear FR petition challenging Shani’s interdiction

Colombo, May 04 (Daily Mirror)- The Supreme Court granted leave to proceed with the Fundamental Rights petition filed by former CID Director SSP Shani Abeysekara challenging the National Police Commission’s decision to interdict him from police service following the Presidential Election 2019.

Supreme Court three-judge-bench comprising Justices Vijith Malalgoda, Kumuduni Wickremasinghe and Mahinda Samayawardena granted leave to proceed for violating the Fundamental Rights guaranteed under Article 12(1) and 14(1)(g) of the Constitution.

Petitioner Shani Abaysekara stated that just four days after the release of the results of the Presidential Election held on 21 November 2019, he received a telephone message informing that he has been transferred with immediate effect as the Personal Assistant to the Deputy Inspector General of Police, Galle Range.

The Petitioner states that as far as he is aware, this was the first instance in the history of the Sri Lanka Police that a Senior Superintendent of Police was appointed as a personal assistant to a Deputy Inspector General of Police.
The petitioner stated that he is unaware of the reason for his transfer and under the circumstances, such a transfer of the petitioner remains a transfer without reason.

The petitioner states that by the letter dated 7 January 2020, the National Police Commission has directed the Inspector General of Police to interdict the petitioner after transferring him to Police Headquarters with immediate effect. 

Shani Abeysekara is seeking a compensation of Rs. 10 million from the respondents for violating his Fundamental Rights.

The petitioner has named former IGP Chandana Wickremaratne, members of the National Police Commisssion, Chairman of the National Election Commission, the Defence Ministry Secretary and several others as respondents.

President's Counsel Saliya Pieris instructed by Attorney-at-Law Manjula Balasooriya appeared for Shani Abaysekara.