Transfer of police officers attached to Bribery Commission:

SC to inquire into alleged rights violation

Wasantha RAMANAYAKE

The Supreme Court yesterday decided to inquire into the alleged rights violation of the two police officers attached to the Bribery Commission.

The petitioners reserved their rights to support for the interim relief i.e. to stay the operation of their transfers out of the Bribery Commission on the basis of the undertaking given by the Deputy Solicitor General S.Rajarathnam that he could consider to offer the first petitioner conducive station in Colombo.

The Bench comprised Justices Asoka de Silva Saleem Marsoof PC and K. Sripavan.

Two petitioners IP A.M. Nihal Amarasiri of Ganemulla and IP K.A. Sujatha Kumari of Narahenpita cited the Chairman and the members of the Police Commission, the chairman, the Director General and the members of the Bribery Commission and the Attorney General as the respondents.

Counsel M.A. Sumanthiran for the petitioners submitted that they were moved out of the Bribery Commission when they refused to heed to the 11 respondent who had asked them to stop inquiring into the Bribery and corruption charges levelled against a minister. The counsel submitted that the petitioner had a unblemished career record and in fact commended for his duty. He had been suddenly transfered to bunkers in Chettikulam North to Vavuniya.

Deputy Solicitor General S. Rajaratnam for the respondents submitted that the commission had unanimously decided to transfer the petitioners out of the department since the Commission had lost confidence in the first petitioner. He further submitted that the Commissioner decided to transfer him long in May, long before the purported incident as alleged by the petitioner had taken place in July.

The DSG made an application to file relevant documents show that the decision had been taken in May. The Counsel for the petitioners however submitted that the respondent could not show any document since he had not been informed about any unsatisfactory affairs of service rendered by the petitioners.

He submitted the first petitioner had summoned the minister twice to the commission in connection with the inquiry but the minister moved for time. He further submitted that he had handed over an interim report on the investigations to the Director General of the Commission. He submitted that the Minister had refused to disclose his assets which was over 450 million rupees.

The petitioners stated that the transfers were in violation of their rights and effected on the collateral purposes.

M.A. Sumanthiran instructed by Lilanthi de Silva appeared for the petitioners.

DSG S. Rajarathnam appeared for the petitioners.

The case will be mentioned in September 10.