Former Director of the Criminal Investigation Department (CID) chief SSP Shani Abeysekera petitioned the Supreme Court challenging the decision to transfer him as the Personal Assistant of the Galle Range Deputy Inspector General (DIG), seeking an order declaring that such decision amounts to a violation of his Fundamental Rights guaranteed under articles 11, 12 and 14 of the constitution and reinstatement at his former position inter alia.
Calling his transfer amounting to a “degradation of service”, Petitioner Abeysekara states that as the PA to the DIG, since there is no specific duties to be carried out by him, “the work currently required to be carried are opening of letters received by the DIG and entering them in a register, relaying messages and orders to and from the DIG to relevant officers and divisions and answering telephone calls received by the DIG when he is not in office.
Shani Abeysekara with an experienced profile, was appointed as the Director CID in September 2017 and has since been working until he was informed following the conclusion of the presidential election that he has been transferred with “immediate effect.”
During his period as the director CID many sensitive cases that involved high ranking military officials, politicians were under his supervision.
Petitioner states in the petition that just four days after the release of the results the recently concluded Presidential Election, on the 21st November 2019, the acting IGP informed him of this transfer.
The first respondent (acting IGP) informed the petitioner that he has been transferred with immediate effect as the Personal Assistant to the Deputy Inspector General of Police, Galle Range.
He also notes that in the same communication it was indicated that the former Director of the Environmental Protection Division, W Thilakarathne was appointed as his successor to the post of CID Director.
Although it was indicated to the petitioner that his transfer was approved by the National Police Commission (NPC) and had obtained concurrence of the Elections Commission that no communication to such effect has been seen by the Petitioner. He further claims in the petition that to date he has not given any reason for such a transfer as it was not a routine transfer.
The petitioner has however reported to duty on the 25th of November as the PA to the DIG Galle Range.
Abeysekara who was given police protection to him personally and to his residence has been removed with the said transfer coming into effect.
During the tenure of the former IGP N K Illangakoon it was decided, due to the prevailing threats to the petitioners life, that other than the security details on the petitioner that his house was given STF protection throughout. While there is no evidence to back that no such threat continues to the life of the petitioner this security arrangement has been removed.
Calling his transfer unfair, arbitrary, capricious and unreasonable the petitioner states that he has been penalized without any lawful or justifiable cause.
Read the full petition here