The Colombo Fort Magistrate today issued an order dismissing a private complaint filed against SSP Roshan Dias and ASP Nalin Dilruk over a criminal accusation that they wrongfully prevented and obstructed a peaceful protest near Galle Face on October 10.
Upholding the Attorney General’s objections regarding the maintainability of the private complaint, Magistrate Thilina Gamage observed that not seeking the Attorney General’s sanction was a serious error.
Senior State Counsel Shaminda Wickrema, appearing for the Attorney General, had earlier strongly objected to the private complaint, stating that the order had been obtained by misrepresenting facts.
SSC Wickrema further 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.
A group of lawyers and professionals had organised a peaceful protest condemning the police behaviour towards the participants who engaged in a protest on October 9 to commemorate the people who died and were injured while being involved in the Aragalaya protests.
Journalist Tharindu Jayawardena filed a private complaint alleging that police prevented the participants from proceeding, despite the fact that they had the right to do so because 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 communications were forwarded to the IGP as well.
The complainant alleged that two accused have committed punishable offences under Section 330 of the Penal Code (wrongful restraint) and Section 59(1) of the National Thoroughfares Act (obstruction of roads).
President’s Counsel Saliya Pieris appeared for the complainant.
