SC re-fixes IGP petition for support on 24 June

By S.S. Selvanayagam

The Supreme Court yesterday re-fixed for the Fundamental Rights Petition filed by the Inspector General of Police (IGP) Pujith Jayasundara, against the action whereby he had been sent on compulsory leave, for 24 June on top of the list for support for granting Leave to Proceed.

The Bench comprised Justices B.P. Aluvihara, Prasanna S. Jayawardena and Lalith Dehideniya.

Petitioner Pujith Jayasundara cited Attorney General, Acting Inspector General of Police Sr. DIG C.D. Wickremaratne, members of the Constitutional Council, SIS Director DIG Nilantha Jayawardena, Chief of National Intelligence A.N. Sisira Mendis, and former Defence Ministry Secretary Hemasiri Fernando as Respondents.

Additional Solicitor General Indika Demuni de Silva with Senior State Counsel Dr. Avanti Perera, appearing for Attorney General, Acting IGP, and on behalf of the President, sought time to obtain instructions and pleaded to take this matter along with the other Petitions filed against the Petitioner Jayasundara Pujith on 12 July.

Counsel Viran Corea with Niran Anketell and Dishinka Nelson, instructed by Vithana Pathirana Associates, informed court that Notices have already been sent to the Respondents twice, and that it is a different matter, and that steps are being taken to support effective removal of the Petitioner, contrary to law. Counsel Anuja Premaratne appeared for former Defence Ministry Secretary Hemasiri Fernando. Petitioner is seeking a Declaration that the actions of the President and/or the Members of the Constitutional Councils impugned have infringed his Fundamental Rights of equality and equal protection of law, guaranteed under Article 12(1).

He seeks another Declaration that the actions of the President and/or the 3A to 3J Respondents impugned have infringed the Fundamental Rights of the Petitioner guaranteed under Article 14(1) (g). 

He is asking for a Declaration that the operation of the letter dated 29 April 2019 and consequential steps constitute infringement of his Fundamental Rights guaranteed under Article 12(1) and/or Article 14(1)(g) of the Constitution;

Another Declaration he asks for is that the actions of the President and/or the Members of the Constitutional Council to exclude him from office without recourse to the proper procedure and/or any steps to remove him from office without due recourse to the provisions of the Removal of Officers (Procedure) Act No. 05 of 2002 constitute infringement of his Fundamental Rights guaranteed under Article 12(1) and/or Article 14(1) (g). 

He is seeking the Court to set aside the decision of the President to send him on compulsory leave. 

He is also seeking an Order to set aside the appointment and confirmation by the President and/or the Members of the Constitutional Council of the 2nd Respondent, C.D. Wickremaratne, as Acting Inspector General of Police;

He is pleading for Interim Orders suspending the decision of the President to send him on compulsory leave, and Order suspending the appointment and/or confirmation by the President and/or the 3A to 3J Respondents of the 2nd Respondent as Acting Inspector General of Police, until the hearing and final determination of this Application;

He is pleading for an Interim Order preventing steps by the President to remove him from the office of Inspector General of Police, until the hearing and final determination of this Application.