Archives

SC cancels SP promotions: Compensation- Rs. 460,000 by respondents, Rs. 300,000 by State

by Wasantha Ramanayake

The Supreme Court yesterday cancelled promotions of 34 Superintendents of Police (SP), who were promoted in May, 2000. The order was a sequel to five Fundamental Rights applications filed by 46 Assistant Superintendent of Police.

The Bench comprised Justices M. Fernando PC, C.V. Wigneshwaran and J.A.N. de Silva.

Justice Mark Fernando PC delivered the judgment in agreement with the Justices, C.V. Wigneshwaran and J.A.N. de Silva.

In five actions 46 petitioners cited 52 respondents including the Inspector General of Police (IGP) and the former Defence Secretary.

The court held that the petitioners' Fundamental Rights guaranteed by the Article 12 (1) of the Constitution have been infringed by the first respondent IGP B.L.V. de S. Kodituwakku, forth respondent former Secretary to the Defence Ministry R.K. Chandananda de Silva, and 50-52 respondents; R.A.A. Ranaweera, former Secretary to the Ministries of Cultural and Religious Affairs, S.M.J. Senaratne, former Secretary to the Posts, Telecommunications and Media and Romseh Jayasinghe former Additional Secretary to the Ministry of Foreign Affairs.

The court awarded each petitioner a sum of Rs. 10,000 as compensation and costs which is payable on or before April 30. In terms of the court order Rs. 100,000 out of the aggregated sum of Rs. 460,000 to be personally paid by the first and forth respondents, IGP and the former Defence Secretary in equal shares. Rs. 60,000 to be so paid by the 50-52 respondents and the remaining Rs. 300,000 to be paid by the State.

The court directed the Public Service Commission (PSC) to hold fresh interviews for promotions for the persons who applied and were interviewed in March and May, 2000. The court directed the selection process to be completed and the promotions to be made before May 31, 2002.

The Board of Interview, according to the court order, is to determine the eligible candidates to be called for the interviews and it shall not include the 1, 4 and 50-52 respondents. And the PSC will consider whether they should be debarred from sitting on the interview panels.

The court further directed the Attorney General to consider whether the conduct of the 1,4,50,51 and 52 respondents constitutes "corruption" within the meaning of section 70 of the Bribery Act as amended, or any other offence, to take appropriate consequential action and to submit a report to the court before April 30, 2002.

Faiz Musthapha PC with Sanjeewa Jayawardene instructed by G.G. Arulpragasam appeared for petitioners in four actions. D.S. Wijesinghe PC with J.C. Weliamuna appeared for the petitioners in the other action.

Deputy Solicitor General Palitha Fernando appeared for the 1-12, and 48 respondents. 

News | Business | Features | Editorial | Security
Politics | World | Letters | Sports | Obituaries |

Produced by Lake House
Copyright 2001 The Associated Newspapers of Ceylon Ltd.
Comments and suggestions to :Web Manager