By Lakmal Sooriyagoda   

The summons issued on SSP Roshan Dias and ASP Nalin Dilruk to appear before Court over a criminal accusation that they wrongfully prevented and obstructed a peaceful protest near Galle Face on October 10 were yesterday recalled by Colombo Fort Magistrate’s Court.  

Colombo Fort Magistrate Thilina Gamage made this order subsequent to a request made by the Attorney General.  

On October 21, Colombo Fort Magistrate decided to name two high ranking police officers as accused in a private plaint filed by journalist Tharindu Jayawardena as per the provisions of Code of Criminal Procedure Act. They were noticed to appear before Court on November 8 accordingly.  

However, filing a motion before Colombo Fort Magistrate, Senior State Counsel Shaminda Wickrema appearing for the Attorney General moved court to recall the summons issued against two senior police officers since order had been obtained by misrepresentation of facts.  

SSC Wickrema submitted to court that action should not be taken against police officers without the Attorney General’s sanction in terms of section 97 (1) of the Criminal Procedure Code. Taking into consideration the facts, the Magistrate decided to recall the summons issued against two police officers. The matter was fixed for inquiry on November 8.  

A group of lawyers and professionals had organized a peaceful protest condemning the police behaviour towards the participants who engaged in a protest on October 9 to commemorate the people who died and were injured while being involved in the Aragalaya protests.  

In his private plaint, Tharindu Jayawardena said police prevented the participants from proceeding further in which they have a right to proceed as they sought prior permission.  
The complainant alleged that the OIC of the Fort Police had been informed regarding this protest march as required by law and relevant communication was forwarded to the IGP as well.