NPC orders probe into Club Wasantha murder suspect interrogation footage

The National Police Commission (NPC) has instructed Inspector General of Police (IGP) Deshabandu Tennakoon to initiate an inquiry into the dissemination of footage showing Dulan Sanjula, a suspect arrested in connection with the murder of Sunhill Group of Companies Chairperson Surendra Wasantha Perera also known as “Club Wasantha,” being interrogated by a group of police officers. 

In the video that went viral on social media and other platforms this week, a group of police officers, including Deputy Inspector General Western Province (South) Division G. Marapana, Nugegoda Division Senior Superintendent of Police J.P.S. Jayamaha and several Chief Inspectors of Police were seen interrogating Sanjula, who provided key information on the conspiracy to murder Club Wasantha including its masterminds and funding received. 

In a communique to the IGP, the NPC has also requested a report on the matter to be submitted within two weeks.

The decision by the Sri Lanka Police to disseminate the footage came under severe criticism from various quarters including MPs, legal professionals and activists this week. The counsels representing the seven suspects in custody for the killing also raised the matter in court on Tuesday when the suspects were presented before the Kaduwela Magistrate following their arrest.

The counsels argued that the Criminal Procedure Code clearly outlines the proper method for obtaining a statement from a suspect in the criminal justice process and that DIG Marapana had acted arbitrarily and disregarded legal procedures.

After hearing arguments by the counsels, the Magistrate emphasised that the police investigation must be conducted fairly for both the prosecution and the defence. The magistrate rejected the police’s request to detain the suspects for an additional 48 hours for further questioning and instead ordered that any further questioning of the suspects be conducted while they are in remand prison.

Calls have also been increasing for strict action to be taken against the police officers involved in the incident. Former Bar Association of Sri Lanka (BASL) President Saliya Peiris PC said the footage is absolute stupidity on the part of the police. 

“A criminal investigation must be done in a professional manner with the aim of bringing an offender to justice not with the aim of gaining cheap publicity. This sort of live “confession” being shared on mainstream and social media, will adversely affect the final outcome of the case,” he said at the time.

The former BASL Chief urged for disciplinary action to be taken against the police officers involved in the stunt. 

In 2021 following a similar airing of footage, the Human Rights Commission of Sri Lanka (HRCSL) addressed a letter to then-IGP C.D. Wickramaratne, highlighting that Police Departmental Order D 05 prohibits publishing information about suspects in custody through the media, as it could lead to administrative issues and violate suspects’ rights. 

In response, Wickramaratne directed all senior police officers to refrain from releasing images, videos, and other investigation details to social media and other outlets. On 14 February 2022, through RTM 382, Wickramaratne issued directives noting complaints received by the HRCSL regarding the publication of suspects’ images and videos.

He emphasised that Article 13(5) of the Constitution protects the rights of suspects, stating that every person must be presumed innocent until proven guilty. Publishing such information could infringe on fundamental rights and harm the case. Wickramaratne reiterated previous instructions on disseminating information to the media and warned that strict action would be taken against officers violating these orders.