The Supreme Court listed for support a fundamental rights petition filed against the alleged violation of duty by the Police to enforce provisions of the Elections Act.
The petitioner Themiya Hurulle who cited DIG Anura Senanayaka and the Attorney General as respondents alleged that the DIG had stopped an investigation after a police party raided a printing press which was supposed to be printing scurrilous posters.
The petitioner said that the police party raided the printing press at Devanampiyatissa Mawatha, Maradana on information that the press was printing posters said to slander President Mahinda Rajapaksa.
The petitioner stated that when the Police raided the press they found that instead of posters printed against the President they came across posters which were detrimental to the common opposition candidate Sarath Fonseka.
The petitioner said that Omanthamunalige Don Gemunu a Chief Inspector attached to the Western Province Special Operations Division, Maradana Unit, had received information that posters were printed slandering President Rajapaksa but found that they were against Gen. Sarath Fonseka instead.
The Chief Inspector then recorded a statement made by one D.P. Perera who identified himself as the owner of the press.
Mr. Perera in his statement said that the order was placed by the National Youth Services Council - a Government owned statutory body. He also said that the posters did not bear the name of the publisher or the name of the press.
The petitioner said that at the time when Chief Inspector Gemunu was at the press, DIG Anura Senanayake had phoned the owner and wanted to speak to the Chief Inspector. The DIG had then berated the Chief Inspector for conducting the investigation and ordered him to stop the investigation and return to his unit.
Chief Inspector Gemunu upon returning to his unit reported the entire sequence of events to SSP Chandana Kudahetti. He was then directed to make a statement accordingly to ASP Liyanapathirana.
The petitioner complained that DIG Senanayake had acted contrary to his duty to ensure a free and fair election and had violated the franchise of the people enshrined in the Constitution.
He claimed that DIG Senanayake had violated his fundamental rights to equality and equal protection of the law as well as the right to the freedom of speech and expression.
Attorney A.P Niles appeared for the petitioner.
The Supreme Court Bench comprising Justice Shirani Bandaranayake. J. Balapatabendi and Ms. Chandra Ekanayake listed the case for February 26. |
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