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| Wednesday, 30 July 2003 |
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by Wasantha Ramanayake The Supreme Court expressed the belief that the National Police Commission (NPC) would adopt practical criteria that would meet the requirements to making an efficient and effective Police Force, without having senior officers who were frustrated and unable to discharge their functions, when 11 Fundamental Rights applications filed by Assistant Superintendents of Police (ASPs) and the Chief Inspectors (CIs) of Police were taken up for hearing on Monday. The Bench comprised Chief Justice Sarath N. Silva PC, and Justices P. Edussuriya and Nihal Jayasinghe. The court was also optimistic that the NPC would device a fresh schedule of promotions which would take into account seniority and merit. "The scheme thus formulated would be given adequate publicity so that officers know specifically what criteria would apply." The court observed that the petitioners came to court on the basis of the failure to promote them to the respective ranks and would expect NPC to pay due regards to that fact. In terms of the proposed settlement, the petitioners were to be promoted on the same date as the respective police officers whose promotions were being challenged by the petitioners in their respective petitions, without disturbing the said promotions. Counsel Mohan Pieris on behalf of the section of the petitioners submitted that there had been a meeting with National Police Commission (NPC) and the NPC was willing to consider as a measure of settlement in order to resolve the long-standing grievance of the Police Force in the respective ranks and officers with a long service. The counsel submitted at the said meeting the NPC had taken several decisions in respect of the said grievances of the officers. In terms of the said proposal the promotions that had been already made which were being challenged in those proceedings would not be disturbed. The promotions of the ASP to the SP would be made on the basis of the seniority and merits without complying with the laid down scheme of the requirements and criteria referred in the said petitions but taking into account of any blemishes in the records of the respective officers. The promotions from the rank of the Chief Inspector to the ASP to be made on the same basis. Around 56 petitioners 22 CIs and 34 ASPs in ten applications challenged the promotions given to the certain respondent police officers to the ranks of ASPs and SPs on the basis that the scheme applicable to the particular type of promotions was defective and the method of selection did not meet the requirement of the Police Force. The court observed that the cases with regard to the promotion to the highest rank of DIG and SSP had now been resolved. The court further observed that there had been no pending application with regard to the such promotions before the Supreme Court. NPC may consider permitting representation of all persons who were part to these applications. Manohara de Silva with David Karunaratne and G.W.C. Bandara appeared for the section of the petitioners and Mohan Pieris appeared for the rest. The cases were to be mentioned on September 15. |
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