On last 30th the Appeal court examined the Writ petition filed against failing to take any disciplinary action against the police inspector and other suspects attached to the Wadduwa police station for the torture and murder of NimalChandrasiri in 2012, a resident of Thalpitiya in Wadduwa. The acting police officer in charge has produced an affidavit stating that disciplinary action was taken and the suspecting officers are suspended.
The acting Officer in Charge has further stated in the affidavit that disciplinary action was taken against the suspected police officers attached to the case and they are Chandana Sepala, Sarath Senawardana, Sarath Kumara and Lional and they were suspended from duty. The Officer in Charge of Wadduwa police station when the incident occurred Nimal Karunarathna completed 60 years of service and retired on the basis of the outcome of the judgment of the court case of article 12 in the pension constitution.
Since a proper investigation was not done against the perpetrators and a proper investigation was not held that will help the case in the Magistrate Courts the case was postponed for a long time. Thus Right to Life took an initiative to file a Writ of Mandamus by Mrs Dilupa Sudarshani, the wife of the deceased Nimal Chandrasiri as the petitioner on 30 November 2015.
The Writ of Mandamus was filed requesting the courts to make the Inspector General of Police and the National Police Commission respondents and to conduct an investigation for disciplinary action against the perpetrators and to conduct formal investigation for the case.
The Appeal Court accepted and granted permission to hear the case thus it was seen the investigations regarding the case at Panadura Magistrate Court has speeded up. Accordingly the Attorney General’s Department filed indictments in 2017 file no 3499/17 at Panadura Courts after fundamental investigations.
As a result of the Writ Mandamus neither the Inspector General of Police nor the Police Commission was able to sweep the case under the carpet. Thus disciplinary action was taken against the perpetrators.
It was revealed that since necessary legal steps were taken a serious crime that was to be hidden under the carpet by the police department which is a responsible government institution as well as the National Police Commission was prevented. A fundamental rights case is also filed in the Supreme Court for this case.
Hiroshan Lakshan