The Supreme Court has declared that the former Inspector General of Police (IGP) violated the Fundamental Rights of the former Officer in Charge (OIC) of Thelikada police station in the Galle district. The transfer of the OIC to the Tangalle police Division, allegedly at the influence of racketeers engaged in illegal activities in Gin Ganga and Thelikada forests, was deemed unreasonable.
A three-judge bench of the Supreme Court, comprising Justices Vijith Malalgoda, Mahinda Samayawardena, and Arjuna Obeysekera, held that former IGP Chandana Wickremaratne infringed upon the petitioner's Fundamental Rights as guaranteed under Article 12(1) of the Constitution.
However, the court decided against ordering the petitioner's return to the Thelikada Police Station, considering his current role as an Officer in Charge of another Police Station.
Chief Inspector K.M.L. Janaka Priya, presently stationed at the Kataragama Police Station, named IGP C.D. Wickramaratne, State Minister of Coast Conservation Mohan Priyadarshana De Silva, Minister of Public Security Sarath Weerasekara, Public Service Commission, and others as respondents.
The petitioner argued that his transfer was justified on the grounds of service exigencies but contended that it was politically motivated. Allegedly, the move was a result of political victimization initiated by complainants affected by illegal sand mining in Gin Ganga, illegal logging in Thelikada forests, and other crimes.
