A Police Inspector, who was given a punishment transfer for arresting an individual for posing as an army officer attached to the Secretary, Ministry of Defence, was granted leave by the Supreme Court to proceed with a Fundamental Rights petition against the police.
Police Inspector Janaka Vidanachchi, in his petition, stated that on 27 January 2012, he had, while serving in the Bandarawela Police, arrested an individual by the name of K.P. Ajith Harsana, who claimed to be an army officer attached to the Secretary of the Defence Ministry. The individual was later founded to be an imposter and the case was handed over to the Bandarawela police for investigation.
Thereafter Vidanachchi, who frequently represents the Police Department as a lecturer on various social public issues such as dangers of narcotics, eradicating crime, violence against women and children’s rights, was given a punishment transfer to Badulla and issued a bad report for the illegal arrest of Ajith Harsana.
In his petition, Vidanachchi, claimed the transfer and the bad report to be a violation of his fundamental rights and sought to clear his name and reputation. He also sought for grant of compensation against the injustice meted out to him and cited the Inspector General of Police, N.K. Illangakoon, Deputy Inspector General of Police Ajith Wickramasekera, Headquarters Inspector of Police, Bandarawela S.J.M. Karunasena, Assistant Superintendent Police, Bandarawela, R.M. Rifard, Members of the Public Service Commission and the Attorney General as respondents
The bench comprised of Justices K. Sripavan, Chandra Ekanayaka and Priyasath Depp granted leave to proceed with the petition and fixed the hearing of Vidanachchi’s petition for 20 December. Rajiv Amarasooriya appeared for Vidanachchi instructed by Amarasooriya Associates.
By Stanley Samarasinghe