The Supreme Court of Sri Lanka has granted leave to proceed with the petition filed against SDIG Ranmal Kodituwakku over an incident of assault in Kahangama, Ratnapura in October 2021.
A bench comprising of Justice Yasantha Kodagoda PC, Kumudinee Wickramasinghe and Priyantha Fernando granted Leave to proceed with the petition against SDIG Ranmal Kodituwakku, his driver and PSO, the OIC of the Kiriella Police Station and the Traffic OIC of the Kiriella Police station, over allegedly assaulting petitioner Mishara Ranasinghe in Ratnapura in 2021.
The petition has been filed under Articles 11 (freedom from torture, cruel inhuman degrading treatment or punishment), 12(1) (right to equal protection of the law), 13(1) (freedom from arbitrary arrest) , 13(2) (right to be produced before a Court of competent jurisdiction) and 14(1)(h) (freedom of movement) of the Constitution.
The Supreme Court observed that SDIG Kodituwakku is one of the 8 senior most police officers in the Country at the moment.
The court further issued the following interim orders:
- noting that the investigation into the missing Bed Head Ticket of the Petition from the Mulleriyawa Base Hospital was lacklustre, the Inspector General of Police was directed to appoint the DIG of the Western Province to appoint a special team to investigate the matter and initiate appropriate criminal proceedings against those having committed any wrongdoing, keeping in mind that the 1st Respondent is a Senior DIG himself.
- the National Police Commission was directed to conduct a fresh investigation into the matter and if any wrongdoing is identified, disciplinary proceedings to be initiated against such parties;
- JMO of the Mulleriyawa Base Hospital was directed to provide a detailed report on the nature of the injuries sustained by the Petitioner.
- the Attorney General was directed to take cognisance of the material made available and initiate appropriate criminal action if necessary.
Attorneys Thishya Weragoda, with Dilan Nalaka, instructed by Neelakandan & Neelakandan appeared for the Petitioner Mishara Ranasinghe. Anura Meddegoda PC, with Nadeesha Kannagara and Dushinka Nelson, appeared for SDIG Ranmal Kodituwakku, and the other police officers, Chrisanga Fernando, State Counsel, appeared for the Attorney General. (Newswire)
