Steps are being taken by the Police Department to gazette regulations covering the rights of Attorneys-at-Law to represent their clients at police stations, the Attorney General (AG) informed the Supreme Court last Friday.
A three-month period has been sought to finalise these regulations.
The matter came up as a result of the Fundamental Rights (FR) violation Petition filed by D.W.C. Mohotti, which cited the OIC Bambalapitiya Police, IGP Jayantha Wickremaratne, National Police Chairman Neville Piyadigama and the AG as Respondents.
The Bench comprising Chief Justice Shirani A. Bandaranayake, Justices P.A. Ratnayake and Priyasath Dep fixed the matter to be mentioned on May 21.
In a motion, the Respondents indicated that they wished to settle the case and, in pursuance thereof, when this matter was called on April 3, 2009, the parties agreed to settle this matter, and the court directed the parties to file Terms of Settlement by way of motion.
The Terms of Settlement include the IGP to frame and issue formal rules under the Police Ordinance, recognising and protecting the rights of an Attorney-at-Law to represent or protect the interest of his/her client at any Police Station, Police Headquarters and/or any other permanent unit, base, post or such like, that has been established by the Police anywhere in the country, whether such client is a suspect or otherwise;
These regulations are to be also duly incorporated in the Departmental Orders of the Police.
The copies of such rules shall be issued to the OIC of every Police Station, Headquarters and/or any other permanent unit, base, post or such like that has been established by the Police situated island-wide, and it shall be the responsibility of such OIC to issue copies to every officer under his purview and command, and to generally disseminate information with regard to the content and due and strict observance of such rules anywhere in the country;
Sanjeeva Jayawardane appeared for the Petitioner. Shibly Aziz P.C, with Rohan Sahabandu appeared for the Bar Association of Sri Lanka. Deputy Solicitor General Shavindra Fernando with Senior State Counsel Shanaka Wijesinghe appeared for the AG. |
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