Rights application:

CJ orders petitioner be issued temporary permit

Wasantha RAMANAYAKE

Chief Justice Asoka de Silva yesterday ordered the Colombo North Motor Traffic Division Assistant Police Superintendent to issue a temporary permit in lieu of a vehicle licence to a petitioner in a rights application before 12.30 p.m.

The Chief Justice further ordered to mention the application before Court on Monday.

The Bench comprised Chief Justice Asoka de Silva, Justice S.I. Imam and Justice R.K.S. Suresh Chandra.

The Chief Justice made the order when Counsel Shantha Indrajith for petitioner Ravindra Pathinayaka, submitted that respondent Police officers are keeping the petitioner’s driving licence in police custody without issuing a valid permit in lieu of the same contravening the provisions of the Motor Traffic Act and in violation of the petitioner’s rights.

The counsel submitted that when the petitioner had stopped his vehicle at the Traffic Filters near the Horton Place Round about on May 22, a police officer signaled him to proceed disregarding the red lights.

The counsel submitted that as the petitioner was proceeding towards Borella, the first and second respondents, Police Sergeant Bandara and PC Thennakoon, in a Police Emergency Car, stopped him and disregarding his explanation, having taken his driving licence, issued him with a temporary permit. He submitted that the Police Officers had insisted him to obtain a spot fine ticket from the Mihindu Mawatha Police Station where the respondents are stationed.

He submitted that the petitioner had not done anything unlawful and did not want to pay the fine which would amount to the admission of guilt. He submitted that although the petitioner wanted to prove his innocence before a court, the respondents had deliberately not mentioned the court he was supposed to appear.

The counsel also submitted that the court date mentioned by the respondents was June 10, but his temporary permit expired eight days before June 1, effectively depriving him of a valid driving licence.

The counsel submitted that the following day, the petitioner had gone to the Police station and had obtained a spot fine ticket but had not paid the fine to appear before court to prove his innocence.

He submitted that the first and second respondents who were there refused to amend the permit validating it until June 10, on which he was supposed to appear before court. Colombo North Motor Traffic Division Assistant Police Superintendent ASP Anura Silva, who also has powers to amend the permit, refused to do so but asked the petitioner to file a rights application.

The counsel submitted that the respondent police officers could not punish the petitioner by holding his driving licence without issuing a proper permit and preventing him from going before a court of law in violation of his rights.

The petitioner sought a declaration that his rights being violated by the respondent police officers and to issue a temporary permit if any charge is preferred against him.

Counsel Shanaka Indrajith appeared for the petitioner.

Senior State Counsel Shanaka Wijesinghe appeared for the respondents.