Former Director of the Criminal Investigations Department (CID), Senior Superintendent of Police Shani Abeysekara yesterday filed a Fundamental Rights petition in the Supreme Court challenging his transfer and demanding compensation of a sum of Rs.10 million for violation of his fundamental rights and, seeking restoration to the position of Director of the CID.
in his Petition, Abeysekara states that the Presidential Election 2019 was held on November 16 and just four days after the release of the results of the aforesaid Presidential Election,
namely on November 21, the Acting Inspector general of Police informed him through a telephone message that he was transferred with immediate effect as the Personal Assistant to the Deputy Inspector General of Police of Galle Range. W. Thilakarathne, who was serving as the Director of the Police Environmental Protection Division, was appointed as the Director of CID in his place.
The petitioner further states that the transfer of the petitioner was not a routine transfer and he did not receive any prior notice of such transfer and no reason was either given or stated for such transfer.
The petitioner states that by this transfer he has been penalized without any lawful or justifiable cause, reason or justification.
In his petition, Abeysekara states that, during his over 33 years of service, he received numerous commendations, awards and he was never suspended or served with a charge sheet and he was conducted and involved in the special investigation of a number of high profile matters, while he was the Director of the CID, including the attempted murder of former president Chandrika Bandaranayake in 1999, Katunayake International Airport attack by the LTTE in 2001, murder of Yvone Johnson at the Royal Park Condominium in 2005, the attempted assassination of former Secretary of Defense Gotabhaya Rajapakse in 2006, the alleged kidnapping and disappearance of 11 youth by Naval Intelligence personnel in 2008, the Angulana Double Murder case in 2009 and the kidnapping and disappearance of Prageeth Ekanaligoda in 2010.
Accordingly, he was petitioning the Supreme Court for the irreparable loss and damage caused to him and violation of his fundamental rights under and in terms of Article 126 read with Article 17 of the Constitution.
This petition had been filed through Attorney-at-Law Manjula Balasooriya and the petitioner has cited Acting inspector General of Police C.D. Wickramarathne, Inspector General of Police Pujith Jayasundara, Chairman, Secretary and six members of the National Police Commission, Chairman Mahinda Deshapriya and 2 members of Election Commission, CID Director SSP W. Thilakarathna, Secretary of Ministry of Defense and the Attorney General as respondents.
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