SC refuses to inquire rights application

Wasantha RAMANAYAKE

The Supreme Court yesterday refused to inquire into a rights application filed by former UNP MP Themiya Hurulle against a senior Police officer who had allegedly directed to stop an inquiry conducted under the Presidential Election Act.

The Court refusing to entertain the rights plea noted that there was no basis to do the same.

The Bench comprised Chief Justice Asoka de Silva, Justice Nimal Gamini Amaratunga and Justice K. Sripavan.

Counsel A.P. Niles for Hurulle submitted that Chief Inspector O. Don Gemunu attached to the Western Province Special Operations Division, Maradana Unit had raided a printing press on January 16, before the Presidential Election and had found certain phamplets which were printed in violation of the Presidential Election laws.

The Counsel submitted that when the Chief Inspector was about to take action he was ordered to stop the investigation by first respondent DIG (Crimes) Anura Senanayake.

The Counsel submitted that the action of the first respondent was in violation of election laws, the rights of the petitioner as well as the people's franchise. The petitioner sought to these effects.

Senior State Counsel Nerin Pulle on behalf of the respondents submitted that the Chief Inspector had acted on his own without the senior officers' authority. He submitted that the officer had raided without a search warrant and had wrongfully divulged information to a third party. The Senior State Counsel further submitted that an inquiry is pending against the Chief Inspector.