Transfer of OIC at the behest of racketeers SC holds ex-IGP violated Fundamental Rights

• Petitioner says his transfer is a case of political victimization

By Lakmal Sooriyagoda 

The Supreme Court has held that former Inspector General of Police has violated the Fundamental Rights of the former OIC of Thelikada Police Station in the Galle District by unreasonably transferring him to the Tangalle Police Division at the behest of racketeers involved in illegal activities in Gin Ganga and forests in Thelikada.  

Supreme Court three-judge-bench comprising Justices Vijith Malalgoda, Mahinda Samayawardena and Arjuna Obeysekera observed that former IGP Chandana Wickramaratne has violated the Fundamental Rights of the Petitioner guaranteed under Article 12(1) of the Constitution by transferring him from Thelikada Police Station.  
However, the court held that since the Petitioner is presently serving as an Officer in Charge of a police station, the court will not make any order to have him back at Thelikada Police Station.  

Chief Inspector K.M.L. Janaka Priya who is presently attached to the Kataragama Police Station had named IGP C.D. Wickramaratne, State Minister of Coast Conservation Mohan Priyadarshana De Silva, former Minister of Public Security Sarath Weerasekara, Public Service Commission and several others as respondents.  

The petitioner alleged that he has been transferred from the post of the OIC of Thelikada Police Station to Tangalle Police Division on the grounds of exigencies of service, whereas the real reason for his transfer is not based on exigencies of service, but is a case of political victimization at the behest of those carrying on business in illegal sand mining in Gin Ganga, illegal logging in the forests in the Thelikada police area and other crimes.   
Senior Counsel Darshana Kuruppu appeared for the Petitioner. Deputy Solicitor General Ganga Wakistaarchchi appeared for the respondents.  

•  The petitioner alleged that he has been transferred from the post of the OIC of Thelikada Police Station to Tangalle Police Division on the grounds of exigencies of service