Magistrate faults Police over action against temporary shelter on UDA land

Wednesday, 29 May 2013 01:46 - - {{hitsCtrl.values.hits}}

By Lakmal Sooriyagoda

While ordering the release of a person from a case where he had been charged for constructing a temporary shelter on a land belonging to the Urban Development Authority (UDA), the Colombo Fort Magistrate maintained that the Police had acted contrary to the law.

In this case, the Slave Island Police had filed a case against Mohammed Faiser of Colombo 2, alleging that he had constructed a temporary shelter near Soysa Street Colombo 2, without the approval of the UDA. The Police alleged that the accused had committed an offence that comes under section 4(a) of the Land Reclamation and Development Corporation Act.

The Police who carried out investigations into the incident had demolished the temporary shelter and the construction items found in the vicinity were named as production items in the case. When the case came up before Magistrate Thilina Gamage, the Magistrate observed that the Police had filed this case against the accused, without the approval of the Chief Executive Officer of the Land Reclamation and Development Corporation and thereby failed to follow the proper legal procedure.

“The Police have no power to file this case. The powers come under the Land Reclamation and Development Corporation Act, and are not conferred to the Police,” the Magistrate said.

The Magistrate further maintained that he was ordering to release the suspect from the case, taking into considerations the provisions available in the section 186 of the Criminal Procedure Code. Defence counsel Jayantha Dias Nanyakkara appeared for the accused.