The Supreme Court granted permission to proceed with the Fundamental Rights Petition filed by Senior Superintendent of Police Shani Abeysekera, former Director of the Criminal Investigation Department, challenging the National Police Commission’s decision to suspend him after the 2019 presidential election.
The three-member bench comprised Supreme Court judges Vijith Malalgoda, Kumuduni Wickramasinghe, and Mahinda Samayawardena granted leave to proceed with this fundamental rights petition filed to deal with the violation of fundamental rights guaranteed under Articles 12(1) and 14(1)(g) of the Constitution.
Petitioner Shani Abeysekera stated that four days after the release of the results of the presidential election held on November 21, 2019, he received a phone message that he had been transferred as personal assistant to the Deputy Inspector General of Police with immediate effect.
Petitioner Hani Abeywardena has pointed out in his petition that this is the first time in the history of the Sri Lanka Police that a Senior Superintendent of Police has been appointed as a personal assistant to a DIG.
The petitioner stated that he does not know the reason for his transfer and under the circumstances such transfer of the petitioner is a transfer without reason. By letter dated January 7, 2020, the National Police Commission suspended the petitioner from his work after his transfer to the police headquarters with immediate effect. The petitioner says that the IGP has been ordered.
Shani Abeysekera has hereby requested 10 million as compensation from the respondents for the violation of his fundamental rights.
The petitioner has named former Inspector General of Police Chandana Wickramaratne, members of the National Police Commission, Chairman of the National Election Commission, and the Secretary of the Ministry of Defense as respondents, and on the advice of the President’s Advocate Sallya Peiris, Mr. Manjula Balasuriya appeared for Mr. Shani Abeysekera.
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