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Tuesday, 15 June 2010

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Attorneys’ rights at police stations:

Draft rules to be submitted

The Supreme Court yesterday directed the Attorney General to inform the Court of the current progress in respect of the draft rules and regulations with regard to the rights of representation of attorneys at the Police stations.

Accordingly, Senior State Counsel Viveka Siriwardane de Silva undertook to report the progress of the draft rules of the IGP to the court on June 23.

Bar Association President Shibly Aziz informed Court that the proposed rules and regulations had been sent to the Legal Draftsman and would be gazetted subsequently with the approval of the Minister.

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

In terms of the draft rules, the Police officers are bound to treat with courtesy attorneys-at-law who would visit police stations as part of their professional duties.

In terms of the draft regulations, the police officers who use abusive language and physical force or any other intimidatory conduct in respect of any person visiting police stations will be severely dealt with under the Police Ordinance and any other existing laws.

Further in terms of the draft regulations, a four member special committee comprising a senior counsel of the Attorney General’s Department not below the office of the Additional Solicitor General, the President of the Bar Association, the Legal Director of the Police and member of the Police Commission will be appointed to report and make recommendations in connection with the offences covered by the draft regulations.

These draft regulations were an outcome of a rights application filed by an Attorney-at-Law who complained to the Court that his rights were violated by a Police Officer attached to the Bambalapitiya Police Station on July 24, 2008.

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