Revealing the consequences the government officers have to face when they institute legal action against their high ranking officers for violating Fundamental Rights, a counsel today informed Supreme Court that government officers are now reluctant to come before Court for violation of their Fundamental Rights as the senior officers start to harass them frequently.

Counsel Darshana Kuruppu made these remarks when the Fundamental Rights petition filed by OIC of the Mawathagama Police Station was taken up for support.

Counsel informed the court that after filing the Fundamental Rights petition, some of the respondents have started to harass his client.

He submitted to the court that  the first respondent of the petition is going to issue charge sheet against his client based on an earlier incident for which the sixth respondent had recorded statements and decided that no iota of evidence to have a disciplinary inquiry against the petitioner.

The OIC of the Mawathagama Police Station had filed a Fundamental Rights petition in Supreme Court seeking an order to suspend the appointment and his transfer as the OIC of the Wariyapola Police Station with immediate effect.

Supreme Court three-judge-bench comprising Justice Murudu Fernando,Justice Gamini Amarasekara and Justice Arjuna Obeysekera fixed the petition for support on December 14.

The petitioner, Chief Inspector Sisila Senadheera Jayakody is further seeking a declaration that the Petitioner’s Fundamental Right to Equality and Equal protection of the Law guaranteed to him by Article 12(1) of the Constitution has been infringed by the first to third respondents in the petition including IGP C.D. Wickramaratne.


The petitioner cited Inspector General of Police C.D. Wickramaratne, Deputy Inspector General of Police M.N. Sisira Kumara , Senior Superintendent of Police A.J.Y.B. Krishantha (Kurunegala Division), the Chairman and members of Public Service Commission and several others as respondents.

The petitioner stated that the said cancellation of his appointment and transfer as the Officer-in-Charge of the Wariyapola Police Station will not only effectively hamper and obstruct the career progression of the Petitioner but has also seriously affected his reputation and good name.

The Petitioner states that during his career with the Sri Lanka Police Department, he has been involved in the investigation of many highly complicated crimes and apprehending numerous dangerous offenders.

He states that, at all times he has served the Sri Lanka Police Department honestly, diligently and efficiently, and has an outstanding record of service. He further states that he has at all times upheld the paramount interests of the Sri Lanka Police Department, the Country and indeed of the public at large.



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