SC defers FR of IGP till 31 July

• IGP seeks to set aside compulsory leave imposed by President 

By S.S.Selvanayagam

The Supreme Court yesterday again deferred for 31 July support for granting of Leave to Proceed in respect of the fundamental rights violation petition filed by the Inspector General of Police (IGP) Pujith Jayasundara against sending him on compulsory leave.

The Bench comprised Justices Prasanna S. Jayawardena, Lalith Dehideniya and S. Thurairaja.

Petitioner Pujith Jayasundara cited Attorney General, Senior DIG C.D. Wickremaratne, Members of the Constitutional Council, Director of SIS DIG Nilantha Jayawardena, Chief of National Intelligence A.N. Sisira Mendis and former Defence Secretary Hemasiri Fernando as Respondents.

Counsel Viran Corea with Niran Anketell and Dishinka Nelson instructed by Vithana Pathirana appeared for the Petitioner. Additional Solicitor General Indika Demuni de Silva with Senior State Counsel Dr. Avanti Perera appeared for Attorney General, Acting IGP and on behalf of the President.  Counsel Anuja Premaratne appeared for former Defence Secretary Hemasiri Fernando.

The Petitioner is seeking a Declaration that the operation of the letter dated 29 April 2019 and the consequent actions of the President and/or the Members of the Constitutional Council have infringed on his fundamental rights for equality and equal protection of law guaranteed under Article 12(1) and/or Article 14(1)(g) of the Constitution.

Another Declaration he requests is that the actions of the President and/or the Members of the Constitutional Council to exclude him from office without recourse to the proper procedure and/or any steps to remove him from office without due recourse to the provisions of the Removal of Officers (Procedure) Act No. 05 of 2002 constitute infringement of his fundamental rights guaranteed under Article 12(1) and/or Article 14(1) (g).

He also seeks an order to set aside the appointment and confirmation by the President and/or the Members of the Constitutional Council of the 2nd Respondent C.D. Wickremaratne as Acting Inspector General of Police.

He is pleading for interim orders suspending the decision of the President to send him on compulsory leave and order suspending the appointment and/or confirmation by the President and/or the 3A to 3J Respondents of the 2nd Respondent as Acting Inspector General of Police until the hearing and final determination of this application.