In a fundamental rights petition filed in the Supreme Court against the unlawful, forced closure of his pub and restaurant by police officers,the owner of the two hotels was granted leave to proceed with his application.
Petitioner Kabedduwa Gamage Harischandra Samaratunge cited Southern Range Deputy Inspector General (DIG) Kingsley Ekanayaka, Chief Inspector D.M. Abeysekera and Inspector N.S. Wijerama both of Kamburupitiya Police Station and the Attorney General as respondents.Petitioner stated that on or about May 12, 3rd respondent Wijerama with two other officers entered his hotel and demanded that he close the bar and the restaurant and ordered all customers to leave the premises immediately. The petitioner asked the officer why he ordered the closure, when he had a valid licence to serve liquor, and said he had been carrying out his business for some time.
The officer said he was not interested in his claim, as these were the orders he had received from higher authorities.
The petitioner had then approached the DIG and complained about the incident that took place on that day. The DIG had then stated he could not help him because these were orders received from the top.
The petitioner stated that due to this unlawful act committed by these officers, he incurs a loss of approximately Rs. 20,000 per day, and hence, is unable to pay back the loan which he has taken from the bank and said his fundamental rights were violated.The Bench comprising Justices Gamini Amaratunge, Saleem Marsoof and P.A. Ratnayake granted leave to proceed and listed hearing for November 3.
Attorney Thilak Marapana P.C. appeared for the petitioner and Deputy Solicitor General Shavendra Fernando appeared for the respondents. |
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