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SC stays police promotions to rank of CI

by Wasantha Ramanayake

The Supreme Court yesterday stayed the controversial Police Promotions made to the rank of Chief Inspector. The order was a sequel to an application by President's Counsel Wijedasa Rajapakse appearing for 18 Police Inspectors who challenged the promotions.

The Court stayed the promotions on the basis of serious allegations against certain police officers who had been promoted.

The Bench comprised Chief Justice Sarath N. Silva PC, Asoka de Silva and Nihal Jayasinghe. Chief Justice Sarath N. Silva PC noted that the people would loose confidence over the independent commissions when they promoted a police officer who was serving a life sentence in connection with a murder.

State counsel N. Pulle for the Attorney General raised objections to grant the interim relief on the basis he had not received instructions from the respondents since they had not received notice. He submitted that the AG had received notice only on the day before.

The petitioner's counsel submitted that notices had been issued on all the respondents. The counsel submitted that the NPC had effected the promotions in terms of a five to six year old seniority list without referring to the personnel files of the candidates and even without interviewing them.

"We would not promote a clerk without interviewing him and going through his files," observed the CJ.

The petitioner's counsel submitted that the 11 respondents who had been out of service for 11 years, had subsequently joined the force and had been promoted. According to the counsel the 11 respondents had not completed five years service in the capacity of an OIC of a Police Station: whereas the first petitioner had 18 years experience as an OIC. The counsel contended that many officers had been promoted even without applying.

The counsel submitted that the Police officer serving a life imprisonment in connection with the murder of the Kobeigane beauty queen had been promoted even without applying or facing an interview.

Eighteen petitioners including A. Shanthasiri Nalaka cited 187 respondents including National Police Commission (NPC) Chairman Ranjit Abeysuriya PC, its members, the Chairman and members of the Interview Board, and 170 Chief Inspector promotes (CIs) and the Attorney General as respondents.

The petitioners stated that in terms of the decision of the NPC 170 Police Inspectors had been promoted to the rank of the Chief Inspector. They stated that the promotions were illegal and in violation of their rights; since, certain officers given promotions had vacated their posts, some had cases pending in the courts, and the seniority of the certain officers and been challenged before the

Supreme Court.

The petitioners sought to quash the decision of the NPC to promote 16-21 and 24-160 respondents to the rank of Chief Inspector and to keep the 22,23 and 161-186 respondents on a reserve list to consider their claims for promotions once their disciplinary inquiry was over. They prayed for a court order compelling the respondents to promote the petitioners to the rank of CI and in the alternate, to call the petitioners before a new interview board on the basis of merit and seniority.

Petitioners sought compensation in a sum of one million rupees. The court granted six weeks to file objections. Wijedasa Rajapakse PC with Kapila Liyanagamage and Rasika Dissanayake appeared for the petitioners.

State Counsel N. Pulle appeared for the Attorney General. The hearing was fixed for October 15. Meanwhile, the court granted leave to proceed with four Chief Inspectors who had not allegedly been promoted to the rank of Assistant Superintendent of Police in violation of their Fundamental Rights.

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