SC green light for SSP's right's petition against Police Chief

The Supreme Court on Friday granted leave to proceed in a fundamental rights petition case filed by a Senior Superintendent of Police (SSP) against the Inspector General of Police (IGP), the National Police Commission (NPC) and the Ministry of Law and Order.

The Court also granted an interim order preventing the IGP, the Minister of Law and Order and the Secretary to the Ministry of Law and Order from not giving effect to the recommendation of the NPC to promote the petitioner to the rank of Acting Deputy Inspector General (DIG) of Police.

SSP Rohan Siriwardana, who serves in Kilinochchi and who has 40 years of service with the police, has filed the petition stating that IGP Pujith Jayasundara had tried to transfer him arbitrarily and engaged in falsely and maliciously seeking to initiate certain inquires against him to prevent promotion.

The petitioner alleged that the NPC has recommended that he be promoted to the position of Acting DIG. However, IGP Pujith Jayasundara had failed to give effect to the said recommendation on the purported basis that there were disciplinary reasons against such promotion. The NPC had come to the conclusion that there was no basis to issue any charge sheet on the petitioner and had again recommended the IGP to give effect to such promotion. The IGP had still failed to adhere to the recommendation and promote the petitioner to the position of Acting DIG, the petitioner claims.

SSP Siriwardena alleges that the IGP’s conduct is motivated by malice.

He says that repeated attempts by the IGP to harass him and denigrate his professional reputation by unfairly and arbitrarily persecuting him through his office, amounts to a violation of the fundamental rights guaranteed under Article 11 of the Constitution.

IGP Pujitha Jayasundara, Minister of Public Administration, Management and Law and order Ranjith Madduma Bandara, Secretary of National Police Commission, Padmasiri Jayamanna and members of the NPC have been named as respondents along with the Attorney General.

Counsel Shivan Coorey and Pulasthi Rupasinha instructed by Sanjeewa Kaluarachchi appeared for the Petitioner. Senior State Counsel Ms. S. Herath appeared for the respondents.