SC grants leave to proceed
The Supreme Court granted leave to proceed with the Fundamental Rights petition filed by Thelikada Police Chief Inspector K.M.L. Janakapriya challenging his removal from his post for political reasons and transferring him to the Kataragama Police Division for normal duties.
The petition was allowed on the grounds that the incident may have violated the fundamental right guaranteed by Article 12(1) of the Constitution.
The petition was taken up before the Supreme Court bench comprising Justices A.H.M.D. Nawaz and Shiran Gunaratne on Monday.
The petitioner, a 51-year-old father of three, is a Chief Inspector of the Police department. On March 15, 2019, when the petitioner assumed duty as the Chief Inspector of Police at the Thelikada Police Station, facts were presented before the court that illegal logging and sand dumping in the Thelikada area had been carried out successfully by racketeers.
It was also stated that these illegal activities received political support and the petitioner was someone who worked against these illegal activities.
Meanwhile, an anonymous complaint against the petitioner was directed to the Inspector General of Police and it was also stated before the court that according to the complaint, a special investigation team came to the Thelikada area and prepared an investigation report and submitted it to the Inspector General of Police.
According to the report, it was said that there is no truth in the allegations against the petitioner.
But the petitioner was transferred to the Tangalle Police Division with immediate effect and another police inspector was appointed in his position.
Senior Counsel Darshana Kuruppu pointed out that this sudden transfer was an illegal transfer made under the influence of politicians who support illegal activities.
The petitioner seeks from the court to allow this petition to be heard and declared that his fundamental rights were violated.
The petition has further requested the court to issue an interim order preventing his transfer from taking effect until the final determination of this petition and to reinstate him as Chief Inspector at the Thelikada Police Station.
The petition has cited Inspector General of Police C.D. Wickramaratne, Coastal and Lowland Conservation Minister Mohan Silva, former Public Security Minister Sarath Weerasekera, the Public Service Commission and others as respondents in the petition.
Senior Counsel Darshana Kuruppu with Thanuja Dissanayaka appeared for the petitioner. Deputy Solicitor General Ganga Wakistaarchchi appeared for the respondents.