SC instructs IGP to form committee to create guidelines on inquiries

The Supreme Court (SC) issued an interim order directing the Inspector General of Police (IGP) to establish a committee to formulate a regulatory framework regarding the conduct of inquiries into disputes.

A two-judge bench comprising Justices Yasantha Kodagoda PC and Shiran Gooneratne ordered the IGP that the committee should comprise senior Police officers, nominees of the Attorney General (AG) and nominees of the President of the Bar Association of Sri Lanka (BASL).

The committee will be tasked with formulating a regulatory framework for the conduct of inquiries into disputes (specified in such framework), and securing an amicable settlement with the aim of preventing the escalation of such disputes into a breach of the peace, or the committing of offences.

The framework will cover the participation of lawyers representing disputant parties at such inquiries and permit suspects to have access to a lawyer while in Police custody.

The committee should be invited to consider receiving the general public's views and representations by concerned civil society organisations, so that their views regarding the framework to be developed by the Committee could be taken into consideration, the SC added.

The SC ordered the IGP to report to Court on or before March 23, 2023 on action taken.

The order was issued in relation to a fundamental rights petition filed by Attorneyat-Law Malka Denethi alleging that his fundamental rights were violated at the Boralesgamuwa Police Station by several senior officers including the Senior Superintendent of Police (SSP) Nugegoda.

The petitioner alleged that he had been obstructed from discharging his professional services on behalf of his client during an “inquiry” into a land dispute held at the Boralesgamuwa Police Station on November 13, 2021.

Without granting leave to proceed at this stage, the Court also directed the IGP to conduct “an independent, impartial and comprehensive inquiry” into the incident and submit his finding and recommendations to the National Police Commission (NPC), for necessary action. The IGP was also ordered to report to court on the action taken by him regarding the SC order and subsequent action taken by the NPC.