IP Nimal Douglas case re-fixed for supports

Wasantha Ramanayake

COLOMBO: The Supreme Court on Tuesday re-fixed for support the Fundamental Rights application filed by the father and three children of slain Police Officer Nimal Douglas against failure to reinstate him consequent to his acquittal from drug trafficking charges.

The petitioners represented by the father of the deceased IP and his three children stated that their rights had been violated by the acts of the respondent Police Officers.

The petitioners sought compensation in a sum of Rs. 31 million; one million rupees from the respondent Police Officers including the IGP for the first petitioner father for the loss of his son to take care of his daughter-in-law and himself in his old age ,ten million rupees each for three children for the irreparable loss and damage caused to them due to the "brutal murders" of both of their parents.

They further sought to remove the 7-15 respondents from their present positions to facilitate an impartial inquiry into the murders of the IP and his wife who were killed on April 24, in Pore, on their wedding anniversary while on their way to a newspaper office to hand over certain documents to the editor who had promised to publish them in the interest of the public.

The Bench comprised Justices Nihal Jayasinghe and Nissanka Udalagama.

The petitioners Saundha Hennedige Dynesius (69), Vishani (13), Dharshi Kalpana (9) and Bhagya Darith (5) cited 17 respondents including the Inspector General of Police, DIG (admin) B. M. Liyanage, Colombo Division DIG Pujith Jayasundara, DIG CID Asoka Wiejthilake, Director CCD SSP D. S. S. Lugoda, ASP J.R. Jayawardane, ASP R. P. Fernando, CI N. Widisinghe, IP Iddamalgoda, IP Prassanna Alwis, SI Shantha all of whom attached to the Colombo Crime Division, Peliyagoda Division Crimes ASP Priyantha Jayakody, IP Wijebandara of Bambalapitiya Police and the Attorney General.

The petitioners stated that IP Nimal Douglas was attached to the Borella Police and had detected the most number of heroin cases among 3000 Police officers in 19 Police Stations in Colombo. According to the petitioners some politicians and his superiors including some of the respondents were not on good terms with him since he had been instrumental in arresting under world figures.

The petitioners stated that IP Nimal was arrested on December 28, 2005, on the instructions of Director CCD SSP D. S. S. Lugoda following the arrest of one Zulfika in connection with drug trafficking. However, the suspect was not referring to IP Douglas in her statement. The petitioners stated that SSP Lugoda was one of his superiors who was not on good terms with IP Nimal.

They stated that the deceased had found respondent, SI Shantha in a compromising situation in the company of the notorious under world figure Junda alias G-Boy whom SI Shantha had purportedly arrested (allegedly according to the SSP Lugoda) but never in fact arrested but released thereby preventing arrest by IP Nimal. IP NImal was interdicted following his arrest on December 28, 2005.

They stated that the Attorney General had instructed IP Nimal's release as there was no evidence against him and accordingly he was released on March 23. They stated that in spite of his release the first respondent IGP had failed to reinstate him.

They sought to reinstate the deceased without a break in service from December 28, 2005.

The case was refixed for support for June 12.