Officers including the Inspector General of Police (IGP) have expressed their unconditional regret after appearing before the courts today (Nov 16), for the delay in executing the order issued by the Supreme Court to pay the salary of the former IP of the Criminal Investigation Department (CID), Sudath Mendis who is under suspension from his duties.
Justice Priyantha Jayawardena, who faulted the actions of the respondents including the IGP, also warned that they have committed a punishable offense through these actions.
The Supreme Court, which granted permission for the hearing of a Fundamental Rights (FR) petition filed by the former IP Sudath Mandis against his suspension, had issued an order to pay his salary with effect from March 23, 2022.
The attorneys representing the petitioner, had filed a motion on August 05, that the respondents including the IGP have defaulted implementing the said order.
The Supreme Court, which considered the motion, had issued a notice for five officers including the IGP to appear before the courts today to show cause regarding the matter.
The petition was taken up before the three-member Supreme Court bench consisting of the Justices Priyantha Jayawardene, S. Thurairaja and Mahinda Samayawardene.
Additional Solicitor General Nerin Pulle, who appeared on behalf of the respondents including the IGP, pointed out that the implementation of the order issued by the Supreme Court was delayed due to an administrative delay, but not an intentional act, adding that his clients express their unconditional regret to the Supreme Court regarding the matter.
Further, the Additional Solicitor General mentioned before the court that the petitioner Sudath Mendis has been reinstated in his duties and that he is currently working at the Hikkaduwa Police Station, whilst all related allowances have been granted to him.
The chair of the bench, Justice Priyantha Jayawardena informed the IGP to obtain a certified copy of this case and to study it.
Justice Jayawardena also emphasized that the respondents have failed to present objections as well as the written statements related to the petition, mentioning that such actions cannot be approved.
The Supreme Court took note of the regret expressed by the officers including the IGP, and ordered their release.
Later, the case was ordered to be recalled on December 12.
The former IP in Criminal Investigation Department (CID), Sugath Mendis had filed the FR petition filed requesting the interdiction of his duties following his arrest in concern to the investigation carried out on Shani Abeysekara, the former director of the CID, be declared illegal.
