FR filed by Shani Abeysekara fixed for support on May 11 | Daily News


 

FR filed by Shani Abeysekara fixed for support on May 11

The Fundamental Rights petition filed by former CID Director Senior Superintendent of Police Shani Abeysekara was yesterday fixed for support on May 11 by the Supreme Court.

Through this petition, the petitioner is challenging his transfer from the post of Director CID to a Personal Assistant to the Deputy Inspector General of Police of Galle Range and demands.

When the petition came up before the Supreme Court three-judge-bench comprising Chief Justice Jayantha Jayasuriya, Justice Sisira de Abrew and Justice Priyantha Fernando, the court was informed that the respondents were yet to receive notices. Accordingly, the Supreme Court directed to re-issue notices on the respondents.

In his Petition, Shani Abeysekara stated that just four days after the release of the results the Presidential Election held on November 16 last year, 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.

He further stated that W.Thilakarathne who was serving as the Director of the Environmental Protection Division was appointed as the Director of CID.

The petitioner further stated 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 further stated that through this arbitrary decision (transfer) he has been penalized without any lawful or justifiable cause, reason or justification.

The petitioner stated 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 that had conducted and was involved in the special investigation of a number of high profile matters including the attempted assassination attempt of former President Chandrika Bandaranaike in 1999, Katunayake International Airport attack by the LTTE in 2001, Murder of Yvone Johnson at Royal Park Condominium in 2005, the attempted murder of former Secretary of Defense Gotabhaya Rajapakse, the kidnapping and disappearance of 11 youth by the Naval Intelligence personnel in 2008, the ‘Angulana Double Murder’ case in 2009 and the kidnapping and disappearance of Prageeth Ekanaligoda in 2010.

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 two members of the Election Commission, CID Director W. Thilakarathna, Secretary of Ministry of Defense and the Attorney General as respondents.

President’s Counsel Chanaka de Silva appeared for the petitioner. Additional Solicitor General Indika Demuni de Silva appeared for the Attorney General.

 


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