Police failed to stick to their code of conduct: SC in SI Mendis ruling

If relevant authorities are unable to provide an environment where government servants can work independently without fear or favour, it will lead to corruption, resulting in weak or poor government service, the Supreme Court has stressed. The Court made the observation as it ruled in favour of a Police Sub-Inspector who had been unjustly arrested and remanded for over a year.

The Petitioner, Sugath Mendis had been arrested in August 2020 on purported allegations that he had fabricated evidence to frame and arrest former Deputy Inspector General Police Vass Gunawardena, who is currently on death row. Sub-Inspector Mendis was also interdicted after his arrest. He was subsequently released on bail by the Court of Appeal (CA).

If the Court were to criticise the actions of the Police force, it need not look further than the Police motto itself; “Dhammo Havē Rakkhathi Dhammachāri ” which states “those who live by the Dhamma are protected by the Dhamma,” Justice S Thurairaja wrote in his ruling, with Justices Priyantha Jayawardena and Mahinda Samayawardhena agreeing.

“One would expect that the Police force of Sri Lanka would follow this motto when carrying out their duties, without mala fide. However, we observe, they have failed to stick to the basics of their code of conduct and the principles of natural justice,” said the Court.

The Court ordered the State to pay compensation amounting to Rs 1 million to the Petitioner within three months of the date of judgement. The Court also directed the Respondents to retrospectively grant all salary increments, benefits, and promotions to the Petitioner, extending up to the date of his retirement from the Police service if he has already retired from the service.

Attorney-at-Law Viran Corea appeared for the Petitioner.