SC grants leave to proceed with Shani’s petition against interdiction

Monday, 6 May 2024 04:03 - - {{hitsCtrl.values.hits}}

The Supreme Court on Friday granted leave to proceed with the fundamental rights petition submitted by former director of the Criminal Investigation Department, Senior Superintendent of Police Shani Abeysekera.

Abeysekera’s petition challenges the National Police Commission’s post-2019 Presidential election decision to interdict him from the Sri Lanka Police.

The decision was made by a three-judge Supreme Court bench comprising justices Vijith Malalgoda, Kumuduni Wickramasinghe, and Mahinda Samayawardena.

The petitioner alleged the NPC has violated his fundamental rights protected under Articles 12(1) and 14(1)(g) of the Constitution.

Abeysekera noted that four days following the announcement of the results of the Presidential election on 21 November 2019, he received a phone message informing him of an immediate transfer to the position of personal assistant to the Deputy Inspector General (DIG) in charge of Galle.

The petitioner contends that it is unprecedented in the history of the Sri Lanka Police for a Senior Superintendent of Police to be assigned as a personal assistant to a Deputy Inspector General (DIG). Furthermore, the petitioner asserts that he was unaware of the rationale behind this transfer and, given the circumstances, considers it to be a transfer lacking justification.

The petitioner further alleges that the National Police Commission directed the Inspector General of Police to suspend his duties following his immediate transfer to the police headquarters, as per a letter dated 7 January 2020.

Abeysekera is seeking Rs. 10 million in compensation from the respondents for the infringement of his fundamental rights.

The former Inspector General of Police Chandana Wickramaratne, members of the National Police Commission, Chairman of the National Election Commission, and the Secretary of the Ministry of Defence have been identified by the petitioner as respondents in the case. Abeysekera was represented by Saliya Peiris PC.