13 August, 2020

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Former CID Chief Files FR Against His Transfer: Full Text Of The Petition

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.

Shani Abeysekara

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

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Latest comments

  • 43
    4

    Dear Sir,

    Hitler is reborn in Sri Lanka as Gottler ……
    ………..
    ………Sadly to the greatest mishap of brave heroes like you, now Gottler is the head of State …..

    ……Gottler invented White Vans to annihilate brave Sri Lankans like you.
    …………
    .What else you can expect from an uneducated US Gas Station Assistant ????????

    Be prepared to escape to a western democratic country………or hide somewhere…
    …………. Gas Chambers are being built at this very moment. ……

    “Ada Derana” will soon ceremonially announce the successful completion the first “Gas Chamber” just behind “Ruwanweli Seya”.

    • 22
      0

      Decent and honest people are being penalized due to the dastardly action done by crooked Ranil W and greedy Sirisena, who have betrayed their trust. Had they not interfered and sabotaged the investigations of murders and swindling committed, by now Mahinda, Gota and their henchmen would be in prison and all the bribes taken by them brought back to the country, which is in dire financial straits. If Maldives can imprison former head of state and confiscate the bribes taken by him from China and cancel Chinese lease, and if Malaysia can arrest former head of state and initiate a trial, confiscate all bribes taken by him from China and stop all Chinese white elephant projects, why could Sri Lanka not do it. Nishantha Silva was fortunate to escape while other good officers are placed in this sad predicament.

      • 5
        0

        Gnana,
        I agree. The fundamental reason for this vulgar behavior is is cultural: The lack of an opportunity to be bred within higher level social norms & ethics. All the currently living family members are brought up in an environment in which winning by any mean possible and enriching by manipulating power is the correct way of life. The current adults are passing the same anti-social values to their second generation (cheating exams – NaRa, political favors to get into the Navy -Yora; etc).Therefore, It is unrealistic to expect anything other than revenge and interfering with law & order from them once in power.

        In a deeper sense, they represent the same broken social values prevailing in SL society including among most vocal clergies & dominant media! Look at, for example, the ugly incident involving the innocent Dr Shafi. It is now very quite obvious that whole story is nothing but a media fabrication helped by politically motivated racist Gvt officials and then blown up by a group of racist Buddhist monks. It was Shani’s non-partisan investigation that helped to uncover most of the fabricated accusations. No wonder why the same group is after Shani. MaRa/GoRa clan can never tolerate Gvt officials like Shani b’cos their work ethics stand against clans uncultured attitudes!

      • 1
        1

        Dear Gnana,
        .
        About the Maldives: get educated:
        .

        https://www.colombotelegraph.com/index.php/the-maldivian-parliamentary-elections-2019-where-a-happy-result-can-be-predicted/
        .
        You’ve never been there, I guess. Too expensive for an average Brit like you, I guess.
        .
        I am admittedly poorer than you, but I’ve been there – at their expense, to teach their kids English Literature. I taught them Macbeth, I remember. I guess that you’ve read that play. I suggest that you read this as well:
        .
        http://detective.gumer.info/anto/thurber_1_2.pdf
        .
        Happy Christmas from Sinhala_Man

  • 28
    2

    Nothing doing ! Patali is the example for many things on the cards . The mistakes
    that Ranil made are not going to be repeated . The hangmen believe in My3
    saving them from the gallows of their friendly enemy ! Those who hatched the
    eggs first and in proper turn ! The country might even be renamed ” Rajapaksha
    Island.” And there are people to light fire crackers at the news ! First Tamil , and
    then Muslims and now clean Buddhists , not just Buddhists ! Champions of
    Buddhists !

  • 4
    28

    The ex Powerful Minister , the Leader of the JHU was arrested and kept in remand despite the vehement protests from the Speaker of the Yahapalana Parliament and the the whole Hog of the Yahapalana Cabinet.
    But the Chief Magistrate of Colombo is standing firm.

    The other Powerful ex Health Minister and the Top Echelon UNP Member is petitioning the Magistrate asking to prevent the CID arresting him .

    The first Petition is so strong that it implied that the Hon Ex Minister should not be arrested for any reason. which the Magistrate noticed in the Petition.
    And duly rejected it.’

    As soon as the Magistrate did that , the Gun Lawyers of the Ex Minister’s Team re submitted it with the clause that the Hon ex Minister should not face the CID for arranging the Staging of that” White Van Murder and Feeding the Crocs” Show in Colombo.
    And the” LTTE Gold Delivery to Nandasena” Show also in Colombo..

    This time the Colombo Magistrate has decided to think about it after the XMas celebrations.

    The ex Yahalana Heavy Minister and the Leader of the SLMC Mr Hakeem has taken an unorthodox avenue to prevent the CID grilling him about the Easter Suicide Attacks .

    This ex Minister directly threatened the current Care Taker Government not even try to send the CID to grill Him. if they are not planning a self destruction…

    Or in other words ,a nice threat to the Current CT Government to to Take Care even before the General Election.

    These are well seasoned Politicians who know the game,
    And they must be spending big bucks to hire those GUN Lawyers in Colombo at great personal costs to themselves.

    But this ex CID Boss Shani has nothing of that nature to protect him against the CID or the Judges,.

  • 4
    4

    I also think, it is the govt which made the mistake. They allowed Nishntha Kandappa to escape. President had experienced politicians backing him. They did not want to be alert on those issues even though western pressure on Sri Lanka is too much. On the other hand, This CID officer’s mayhem is he result of the corrupt Political system. Previous govt asked these officials to work on those politically sensitive projects and those did not result anything except political mud slingings.
    This
    Official should be a hard working capable person. Give him a position fitting to his abilities and ask him to show results. I think the president should take the initiative. He should not allow any one under him to ruin his reputation. People voted the Individual and not the POHOTTUWA. Shani Abesekara is not Nishantha Kandappa.
    It is true injustice sacking him for doing the correct thing. People understand=d what really happens.

  • 2
    6

    These are good examples for bureaucrats who pandan allana to career politicians. Do not do that. Ask for legislation or protection against that.

  • 4
    0

    This is nothing to new our mother lanka this is a circle of our morher nature,the curse
    Now in jaffna front of the prison,in the name of shrimadana our officials wanted to put a staute done by convict in the name of Rehabilitation
    Will soon in.nallur replace navalar to Guatam
    Also heard uncle Sam going to retire its good but far too late but hopes are there

  • 6
    1

    If the SLPP as expected gets the widely and white dreamed of 2/3 majority at the general election which is expected to be held in aa few moon’s time 4 the island will have it’s third name change aand the names I think are the frontrunners are either Gota’sland or Rajaland.
    My choice is the latter due to the fact that it will pay pooja to the despicable corrupt Island Reconvicted Criminal { IRC } siblings who are determined to drive the country to ruination from which a wake up will be a no can do.
    At the moment the much spoken of nation is either in deep slumber or shell shocked by rhe majority obtained at the November polls.
    The unions that were a pain in the butt during the tenure of the previous government have shut their shutters of being vindictive parasites. They must be either be supportive of the new masters or are shit afraid of what will occur if they try their monkey pranks with the new autocratic dictatorship.
    I think the latter.
    As to the great police officer his talents and capabilities are totally wasted and he is a genuine victim of petty cheap low caste inflicted revenge.
    He must pursuse this justified claim with all the vigour in his body mind and soul.
    So does all the other who unwittingly by performance of their given chores have unfortunately been bitten by these mongrels.
    Fight, fight and fight till you win is all that I can sincerely wish for them in this festive season which sadly for them will be a nighrmare of a bad dream which has become a reality.
    I take the opportunity tp pass on my sincere wishes for a happy merry christmas a prosperous 2020 to the owners of the Colmbo Telegraph website, the readers and those who by penning their two cents worth of productive or rubbish negative to the core thrash which enabbles me to be kpt alive and kicking.
    Cheers, R. J.

  • 3
    2

    What goes around, comes around. More will come.

  • 12
    0

    Although I am a UNP supporter, I have no sympathy for Rajitha, Ranil , Pattali and the likes. Ranil let the Rajapaksa off the hook as part of the deal with Mahinda. Pattali is a Sinhala racist who should not have been tolerated by UNP in the first place. Rajitha presented the white van drivers at the press conference having known the facts and the witnesses for a long time and did not give them over to the police but presented them as a election ‘gundu’ only on the election eve. They have no concern for the law, people or moral values. In short all of them are criminals.

    • 3
      0

      Uncommon man ,
      You are absolutely correct. In 2015 people made a brave move to change the corrupt, murderous dictatorship from power. Unfortunately, people couldn’t find a proper alternative to take forward all the promises they made and the vision they had to completely eliminate all those criminals who destroyed the nation. Criminals were allowed to walk free and gave them an opportunity to bring back to power. It is now the people have to suffer again under the hands of those criminals once again. Democracy and judiciary is dead now and no point of talking about arrests, white vans etc. You should have expected these will happen again. Sirisena surrendered and at least his life threat is less. Ranil had deals with Mahinda and his life also safe. But all others and the people are in danger.

  • 8
    0

    Shani Abeysekera should receive the full support of people who stand for Justice and Fairplay. This fundamental rights petition is straight forward and a wide cross-section of Srilankans would be watching its outcome and the next move of the Rajapakse mafia.
    Interestingly,Shani Abeysekera has been replaced by the Director of the Environmental Protection Division.
    In effect this is for Rajakpakse protection!

  • 6
    0

    The biggest threat to Sinhalaya is Sinhalaya; not Prabakaran or any external factor Sinhalaya himself portrays quite shredly to his people.

  • 11
    0

    Shani Abeysekara is a true Sri Lankan son from the South. He did unbiased, honorable job from the day he started his career. When he did his job, he didn’t care for any personal connections. Whether it was his friend or enemy he extended the same rule of law. It is very sad and disheartening to see the way this gentleman is treated. GR being an ex military man, he should have treated Shani better than this, though GR’s career as a military man is a tarnished one. Though GR is tarnished he should have thought about his untarnished superiors like Denzil Kobbekaduwa, Vijaya Wimalarathna. Shani is a man of that caliber. Mr. Abeysekara, we are with you, we pray for you to have enormous amount of strength. We invoke the true blessings of the Triple Gem preached by Lord Buddha (not by many Sri Lankan Kahakada brigade) for your family and your well being at this difficult time. May the blessings of the Noble Triple Gem be with you.

    • 2
      0

      Gamage,
      Shani Abeysekara may be a true Buddhist Sinhala Srilankan but that will not save his life from the King Family who were crowned by the Buddhist Sinhala people. In few weeks time the CID may arrest him and charge him for attempted murder of PM or President and number of policeman and military men will provide all evidence in courts and judges will send him to jail. Prime Minister will say that this is nothing to do with them and let the law to do the job properly. 75% of the Buddhist Sinhala will say that is the truth. Can you dare to say against the law and judges?

  • 1
    0

    Ha ha ha… this is what Babarian Sinhalese deserve for abusing the North/ east Tamil rights….

    Gota doing better than of Prabaharan … in fulfilling tiger dreams.

  • 1
    0

    Heigh Ho! This is our island in the sun! As far as I can remember our politicians practised the ancient political art of ‘pali gan’nawa’ – retaliation – by any other word.
    Chose any of the following: your face doesn’t/you did something that harmed my prospects/you continue to hold allegiance to those who appointed you/you know too many secrets of me and my supporters/etc etc etc.

    Note that none of the above takes into account the the meritorious qualities of the man/woman in the position.

    The only fault I can find with Mr Shani Abeysekera is that he failed to complete the job and put some of the egregious bastards who were screwing WE the people in previous years. Perhaps, he should tell us who held him back.

    We have a new President, but old habits die hard. Expect more of the same.

  • 1
    0

    Good, Gotlar should no, this is no junta. Gotla must go if he becomes a racist beast.

  • 3
    0

    In a still very immature political environment reeking of self-interest and tribalism, honourable officers often face the wrath of the kings and their henchmen. This is a system that should have been dismantled a long time ago, so that Sri Lanka can also aspire to political, economic and financial health like its neighbours to the east which were far below SL in socio-economic rankings a mere several decades ago. The SL voters are still easily swayed by emotion and fiery rhetoric, a typical indicator of immaturity on their part, indicated by lack of sophistication and endemic ignorance of realities. The media and parasitic political players have ensured a docile and gullible populace to be fleeced at will. The law-enforcement authorities will thus be further demoralised and simply play along as usual, while the people wallow in a deepening quagmire.

  • 2
    0

    Volkswagen Ranil and Grams Sevaka My3 are responsible for causing problems to all the CID Officers etc. They let the Rajapakse’s off the hook and others got to pay the price.

  • 2
    0

    Well more arrests will take place in the act of murdering democracy and suppressing the freedom of speech This clearly shows Sri Lanka is marching towards the Chinese way of communism This what the voters wanted. let them enjoy it

  • 2
    0

    Rajapakshe family is all out to bring down the economy, quality life of the citizens outright. They are everywhere abusing the trust of the people through the constitution. There is another idiot Milinda who together with the American dual citizens scheming to sell the sovereignty of the people to USA. Monks interfere in domestic affairs using the impunity of the executive. In between foolish SB populace sing hosanna to Rajapakshe’s, not knowing the destiny. Only the educated can do some changes.

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