The matter came to light after the NPC sent a letter to the Supreme Court on March 3 asking for a certified copy of the order it gave in August. The SC bench comprising Justices Dilip Nawaz, Arjuna Obeyesekere and Sampath B. Abayakoon ordered the Attorney General to look into the matter and report facts to Court on May 8.
The SC gave the order when it considered a Fundamental Rights petition filed by Mishara Ranasinghe, who alleged that his fundamental rights were violated after being allegedly assaulted by SDIG Kodithuwakku and four other respondent police officers after the petitioner overtook a vehicle.
Attorney-at-Law Thishya Weragoda, who appeared for the petitioner with Dilan Nalaka, asked Court to summon NPC Chairman to explain why the Commission had not implemented the SC’s order to conduct a full inquiry to gather facts related to the case. He told Court that even the petitioner’s bed ticket from the Mulleriyawa Base Hospital was now missing.
State Counsel Crisanga Fernando, who appeared for the AG, informed that they have received extracts from the probe conducted by the Colombo Crimes Division (CCD) into the incident and would take further action based on their contents.
She added that the Judicial Medical Officer (JMO) who examined the petitioner after the alleged assault is currently overseas and is due to return in May. She informed Court that the JMO’s report will be submitted once he returns.
Anura Meddegoda, PC, who appeared for the respondent police officers, said they had not received the documents they needed and as such, asked Court to grant time to file objections.
The Court ordered that a comprehensive investigation be conducted into the entire matter including the alleged assault on the petitioner. The case will be taken up again on May 30 to consider progress on implementing the SC’s order.
By Ranjith Padmasiri/Sunday Times