SC Rules On Petitions Of Five Police Officers: Determines That NPC Violated Fundamental Rights

COLOMBO (News 1st);  The Supreme Court has ruled that the National Police Commission violated the fundamental rights of five police officers who served in the Police Assistant Service Division. 

These officers were integrated into the regular police service through a Cabinet decision but were subsequently denied promotions they were entitled to.

Accordingly, the Supreme Court has ordered the respondents to restore the seniority and career progression due to these officers. 
The Supreme Court, on July 25, handed down their decision on five fundamental rights petitions. 

These petitions were filed by five police officers, including a female police officer from the Police Assistant Service Division.

They sought a ruling that their fundamental rights had been violated by the denial of promotions they were entitled to, despite meeting the qualifications based on seniority and merit.

The petitions were considered before a bench of Supreme Court comprising of former Chief Justice Murdu Fernando, and Justices A.H.M.D. Nawaz, and Justice Kumudini Wickremasinghe.

The petitioners who filed these cases were Assistant Superintendents of Police K.T.T. Dewapriya Abeywardena, S.B.P.M.P.G.Y. Bandara Thaaraka Senewiratne, P.M.K.P. Gunawardena, and Superintendent of Police K.B. Senaratne.

Named as respondents in the petitions were the Inspector General of Police, the Chairman and members of the National Police Commission, among others.

The petitioners stated in their petitions that a Cabinet decision had agreed to abolish the Police Reserve Service and integrate them into the regular police service.

However, the petitioners emphasized that due to administrative inaction, this integration was not implemented. They pointed out that based on a circular issued by the Inspector General of Police on June 27, 2008, they were reclassified as employees in special and technical staff categories.

They filed these petitions asserting that their fundamental rights had been violated by this arbitrary reclassification. They requested that they be granted the promotions they were due and that the derogatory appointment letters classifying them as auxiliary services be canceled.

Accordingly, the Judgement states that the petitioners are deemed to be members of the regular police staff effective from March 21, 2006. It further orders the respondents to reintegrate them into the regular police staff and restore their seniority and career progression according to the relevant recruitment scheme.

The Supreme Court judgement also states that the appointment letters classifying them as an auxiliary service within the police are to be nullified.

President's Counsel Saliya Pieris appeared on behalf of the petitioners.