Supreme Court dismisses Senior DIG Ajith Rohana’s FR petition requesting to cancel the transfer

(LANKAPUVATH | COLOMBO) –  The Supreme Court decided Monday (04) to dismiss the fundamental rights petition filed by Mr. Ajith Rohana, who served as the Senior Deputy Inspector General of Police in charge of the Southern Province, to cancel the order to transfer him to the Eastern Province.

The three- judge Supreme Court bench comprising Justices S. Thurairajah, A.H. M. D. Nawaz and Shiran Gunaratne accepting the initial objections raised on behalf of the respondents including the Attorney General dismissed the petition.

When the petition was called, President’s Counsel Faiz Mustapha, representing the petitioner, stated that the decision taken to transfer the petitioner from the Southern Province was unfair.

He stated that since the said transfer was arbitrary, the petitioner, who was against it, submitted an appeal demanding a formal investigation into the matter and accordingly, the Secretary of the Western Province conducted an investigation into the matter.

President’s Counsel Faiz Mustapha stated that at the end of the inquiry, the said Secretary has decided to confirm the transfer and requested the court to rule that his client’s fundamental rights guaranteed by Articles 12(1) and 14(1)g of the Constitution have been violated by this process.

He also requested the court to issue an order invalidating the letter recommended by the Inspector General of Police to transfer the petitioner to the Eastern Province.

Deputy Solicitor General Ganga Vakishtaarachchi, who appeared for the respondents including the Inspector General of Police, and the Secretary of the Ministry of Public Security, said that the transfer of the petitioner Senior DIG Mr. Ajith Rohana was done in a legal manner.

The Deputy Solicitor General, said that six other senior DIGs were transferred along with him, and none of them have challenged the transfers.

She noted that the petitioner’s transfer had been unanimously approved by the members of the previous and new National Police Commission.

The three-judge panel of the Supreme Court considered the facts and decided to dismiss the petition without hearing it.

The Secretary of the Ministry of Public Security P.V. Gunathilake, IGP C.D. Wickramaratne, National Police Commission Chairman Lalith Ekanayake and its members, Western Province Secretary Rohana Rajapaksa, Public Security Minister Tiran Alles and the Attorney General were named as respondents.

On the advice of lawyer Mr. Sanjeeva Kaluarachchi, President’s Counsel Faiz Mustapha, President’s Counsel Savindra Fernando and lawyers Faiza Makar and Mehran Karim appeared for the petitioner.

Deputy Solicitor General Mrs. Ganga Vakishtaarachchi appeared for the respondents.


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