Magistrate recalls summons issued against two senior Police Officers

The summons issued on SSP Roshan Dias and ASP Nalin Dilruk to appear before Court over a criminal accusation that they wrongfully prevented and obstructed a peaceful protest near Galle Face on October 10 were today recalled by Colombo Fort Magistrate’s Court. Colombo Fort Magistrate Thilina Gamage made this order in response to a request made by the Attorney General. On October 21, Colombo Fort Magistrate decided to name two high-ranking police officers as accused in a private plaint filed by journalist Tharindu Jayawardena. This was in accordance with the provisions of the Code of Criminal Procedure Act. They were ordered to appear in court on November 8. However, filing a motion before Colombo Fort Magistrate, Senior State Counsel Shaminda Wickrema appearing for the Attorney General moved the court to recall the summons issued against two senior police officers since the order had been obtained by misrepresentation of facts. SSC Wickrema submitted to the court that action should not be taken against police officers without the Attorney General’s sanction in terms of section 97 (1) of the Criminal Procedure Code. Taking into consideration the facts, the magistrate decided to recall the summons issued against two police officers. The matter was fixed for inquiry on November 8. A group of lawyers and professionals organized a peaceful protest against police behaviour towards the participants. They engaged in a protest on October 9 to commemorate the people who died and were injured while being involved in the Aragalaya protests. Tharindu Jayawardena asserted in a private plaint that police prevented the participants from proceeding further and that they had a right to do so as they sought prior permission. The complainant alleged the OIC of the Fort Police had been informed regarding this protest march as required by law and relevant communication was forwarded to IGP as well. The complainant alleged that the two accused had committed punishable offences under section 330 of the Penal Code ) and section 59(1) of the National Thoroughfares Act (obstruction of roads).