The Supreme Court this week issued a stay order restraining the retirement of a senior Army Officer who has filed a Fundamental Rights petition claiming he was being forced into retirement as he had conducted an inquiry against another senior Army officer.
The petition was filed by Colonel E.K.J.K Wijayasiri of the military police and was taken up before a bench comprising of justices J.A.N. Silva, Jagath Balapatabendi and P.A. Ratnayake.
Army Commander Lt. Gen Sarath Fonseka, Maj Gen. G.P.R. de Silva, Col. A.L.D.M. Gunasekara, Major D.M.P.D. Dissanayaka, Maj Gen Y.S.A de Silva (retired), Major Gen A.B. Thoradeniya, Brig. V.N. Koswatte and Major Gen. M.A.M. Peiris have been cited as respondents.
Col. Wijyasiri in his petition states that while serving in the Military Police he was directed by the Commanding officer Special Investigations to carry out an investigation into an incident where Col. K.S. Ratnayaka, the then Brigade Commander of Jaffna was involved in a car accident at Mardana.
In the front seat of the vehicle was a female army deserter. Both occupants in the vehicle were injured and hospitalised. The incident received wide publicity in the media prompting the Defence Ministry to order the then Army Commander Shantha Kottegoda to hold an inquiry.
Col Ratnayaka who was involved in the incident had subsequently threatened Col. Wijayasiri with removal from the Army. Following the inquiry Col Wijayasiri was accused of misusing an army-hired vehicle to transport a cow which had been released from a slaughter house; but the Colonel. had denied the allegation.
Subsequently other junior army officers who were assigned to Col Wijayasiri had been harassed in order to obtain statements in support of the allegation.
Col Wijayasiri states in the petition, that on July 4, 2008 he received a letter dated June 13, 2008 from sixth respondent Major Gen A.B. Thoradeniya conveying to the petitioner the opinion of the Commander in respect of the proceedings of the Court of Inquiry into the allegations made against him.
He was informed that he had made use of officers under his command for personal matters and his integrity was questionable as he had given false evidence. The letter further said considering the gravity of breach of discipline, the Commander of the Army had directed that Col Wijayasiri should not be considered for further promotion in the army. |
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