The Police Commission has differed the transfer of Senior Deputy Inspector General of Police in Charge of Southern Province, Ajith Rohana to the Eastern Province and he has been transferred to Police Headquarters until an inquiry on Mr. Ajith Rohana’s allegations, police sources said.
In a letter to Secretary of the Ministry of Public Security Vyani Gunathilaka, SDIG has said that the Secretary of the Ministry of Public Security has no authority whatsoever to transfer a senior DIG of Police on his own accord.
SDIG Ajith Rohana says he is therefore not bound to follow the illegal order issued by the Ministry of Public Security yesterday (25) regarding his transfer from the Southern Province to the Eastern Province with immediate effect.
The Senior DIG has taken steps to inform the secretary to the ministry, Vyani Gunathilaka, in writing of his stand on the matter.
According to the existing laws of the country, only the National Police Commission is empowered to transfer senior police officers.
SDIG Ajith Rohana also reminds Ministry Secretary Vyani Gunathilakata that the Ministry Secretary has not been conferred with any authority by the Police Commission to transfer a senior DIG.
It has also been stated that the letter dated 02/08/SGO/02/2023 issued yesterday (25), regarding his transfer from the Southern Province to the Eastern Province with immediate effect subject to the approval of the National Police Commission for service requirements, is illegal.
The Senior Deputy Inspector General of Police also points out to the ministry secretary that there is no principle called “covering approval” in the transfer procedure.
He has also told the secretary that if there is no specific approval by the Police Commission, the transfer stands void.
Senior DIG Ajith Rohana writes to the Secretary of the Ministry as follows:
“I am not bound to execute an illegal order in terms of Section 56 of the Police Ordinance. He has also cited the case Wijesuriya vs. State, 1974 NLR 25” to substantiate his claim.
“Accordingly, kindly be informed that I am not bound to follow the transfer order that has allegedly been effected without following the due process and the due approval of the Police Commission.”
