Police officers file FR case over interdiction
Three Police officers of the Mundalama Police have filed a
fundamental rights application stating that the Police
interdicted them for arresting and taking legal action against
an illicit liquor dealer.
The Supreme Court granted leave to proceed with the petition and
a bench comprising Justice Shirani Bandaranayaka and Justices
Saleem Marsoof and Andrew Somawansa gave two weeks time for
respondent to file objection and fixed the hearing of the case
for June 24.
Petitioners Police Sergeant H.M. Karunatilleke, Police
Constables A.H.M. Dissanayake and S.A. Shantha Kumaratunga cited
Mundalama Police OIC V. K. Massakkara, DIG North Western K.M.L.
Sarathchandra, SSP Chilaw Division Roshan Fernando, L.B.S.K.
Fernando, ASP Puttalam and the Attorney General as respondents.
In the petition, the petitioners stated that on September 24,
2007 at 2 p.m., on information received by them, they reached
the Mohoriya village, where a woman named Ramani had been
standing on a culvert with two other men.
The persons had been puffing ganja when the petitioners moved to
arrest them. The two men had begun to wrestle with the
petitioners, soon after which a mob of about 10 had gathered at
the scene, surrounded the petitioners shouting abusive language
and enabled Ramani and the two men to run away.
At that time the petitioners had arrested Ramaniís son Laksiri
and filed a B report. On the same day, the Police received a
complaint by Laksiri and his sister Sudharshini, stating that
the petitioners came to their house and sexually harassed her
and assaulted Laksiri.
They had alleged that the petitioners had tried to take
Sudharshini to a brick furnace and that Laksiri came for her
rescue. They had stated that it was then that Laksiri had been
Subsequently Ramani pleaded guilty to Case No. 46099 filed by
petitioners and paid a fine of Rs. 6,000 at Anamaduwa
The petitioners further stated that they acted in terms of the
Police Ordinance, Criminal Procedure Code and Crime Circular
issued by the IGP, which gives special directives to combat the
drug menace. The North Western Province has been identified as
an area where illicit liquor is brewed on a large-scale.
According to the petitioners, the Mundalama Police had failed to
take action against the illegal selling of narcotics in the
Mohoriya village, and the fourth respondent is known to have a
close association with Ramaniís family.
The petitioners stated that the purported arrest and institution
of action against them in the Magistrateís Court by the first
and fourth respondents was mala fide malicious and motivated for
The petitioners prayed court to declare the interdiction and
refusing to pay their salaries pending inquiry null and void and
make order reinstating them. - SS