Although it was reported that the verdict regarding the Fundamental Rights petition filed in 2013 concerning the inhumane assault of a suspect detained by the Mirihana Police in 2011 was based on an affidavit of a third party,
it has been revealed that no such affidavit exists, Romesh de Silva, PC informed the Supreme Court on Monday (15).
He informed the Supreme Court that the verdict issued against the current Inspector General of Police (IGP), Deshabandu Tennakoon, who was the Assistant Superintendent of Police in Nugegoda at the time, was erroneously based on a non-existent affidavit.
He made this statement when petitions filed by various parties, including Colombo Archbishop Malcolm Cardinal Ranjith and the Sri Lanka Young Journalists’ Association, challenging Tennakoon’s appointment as IGP, were taken up for hearing.
The petitions were reviewed for the second day by a Bench consisting of Justices Yasantha Kodagoda, Achala Wengappuli, and Mahinda Samayawardhena.
The President’s Counsel told the Supreme Court that the entire verdict against IGP Tennakoon in the previous case was based on what was claimed to be an affidavit from a third party.
However, this document was not present from the beginning of the case and was later introduced without being attested by a Justice of Peace (JP). Therefore, de Silva argued, it was merely a statement and not a legitimate affidavit.
Furthermore, de Silva PC said he requested that the Chief Justice appoint the same Bench of judges—S. Thurairaja, Kumudini Wickremasinghe, and Priyantha Fernando—who delivered the verdict against Tennakoon, to hear these Fundamental Rights petitions filed against his appointment as the IGP. However, that request was turned down, he said.
Therefore, de Silva PC said he would like to reiterate his earlier request before the Supreme Court.
(ceylontoday.lk)
