IGP and four senior police officials issued notices for noncompliance with SC order

Supreme Court yesterday issued notice on IGP C.D. Wickramaratne, and four other officers named as respondents in a Fundamentals Right (FR) case to be present before court on the 16 November for noncompliance of an order given by it back in March this year.

Subsequent to preliminary hearing of the FR application filed by Sub-Inspector Sugath Mendis, who was, at the time of his arrest, attached to the Embilipitiya police station, court granted the interim relief ordering the respondents to pay his salary with effect from March this year and continue to do so until the court heard and decided upon the matter before it or his age of retirement, whichever comes first. 

Despite this order respondents, namely IGP Wickramaratne, Sabaragamuwa SDIG Mahinda Gunarathna, Rathnapura DIG J.S. Wirasekara, M.N.S. Mendis, SSP, Embilipitiya and D.K.A. Sanath Kumara, ASP, Embilipitiya and the Public Service Commission had failed to comply with this given order, an act amounting to contempt of court. Accordingly, Supreme Court issued notices on them to be present personally on the next hearing. 

Upon a motion filed by the Petitioner – Mendis seeking court’s intervention to the grave unfairness caused to him wilfully and negligently failing to abide by the court’s ruling by the named officials and to obtain effective direction by the court for this grave noncompliance, the matter was taken up yesterday. 

In response to the said allegation the fourth respondent Sabaragamuwa SDIG Mahinda Gunarathna filed an affidavit stating that the reason for noncompliance was mainly owing to logistical issues and “administrative difficulty”.

Accordingly, State informed court that the petitioner will be paid his salaries forthwith and further he will be reinstated in service subject to the ongoing legal matters. 

In an internal memo released by the IGP dated 23 September to directing the relevant officials to make arrangements to reinstate Mendis back in service attached to the Embilipitiya Police station and to pay his salaries with effect from March this year. 

Sub-Inspector Mendis was arrested and produced before Gampaha Magistrate upon being alleged that there was introduction of evidence into a concluded investigation of former DIG Vass Gunewardena’s conviction in the abduction and murder of businessman Mohommed Shiyam. 

Back in 2020 a fresh statement was given by another police officer who was involved in the investigation stating that weapons were introduce to a cache of weapons that were produced as evidence in the investigation of the murder of Shiyam. 

The said investigation was headed by CID Former Head Shani Abeysekara who is now in retirement. 

Mendis’ counsel made submissions in court to the effect that during questioning in 2020 Mendis was told that if he gives evidence against his then superior Abeysekara he would be off the hook. Mendis outright refused to do so, saying that he didn’t join the Police force to do such unjust. 

Both Mendis and Abeysekara was arrested on this matter. 

Abeysekara who was also interdicted without pay is still being denied of his pension. He has been commended in many investigations he carried out including that of Royal Park murder. 

Vass Gunewardena was convicted from a trial-at-bar from which he has appealed to the Supreme Court which is still ongoing. Vas Gunewardena’s airtight conviction was mostly attributed to the methodical investigations carried out by Abeysekara and his team, which included Mendis. Gunewardena upon being arrested by Shani Abyesekara vowed to murder Abeysekara and his family no sooner he was released. 

However, Abeysekara who was described as “fiercely independent”, “detailed oriented” and a champion of equal application of the legal justice system is still being haunted by a baseless allegation denied of his pension and other benefits.