SL SC | Courtesy begets courtesy; Court refuses application relating to the violation of Fundamental Rights

Supreme Court of the Democratic Socialist Republic of Sri Lanka: A Full Bench of Buwaneka Aluwihare, L.T.B. Dehideniya and Murdu N.B.Fernando, JJ., dismissed an application filed alleging the infringement of the petitioner’s Fundamental Rights guaranteed under Articles 11, 12(1) and 13 of the Constitution.

The petitioner who was Attorney-at-Law stated that when she had gone to Meegahatenna police station to surrender a suspect wanted in a case pending before the Magistrate Court of Matugama and when she informed the same to the respondents, one of the respondents started assaulting the suspect to which the petitioner objected and told the respondent to follow the due process of law. She asked him to provide her with the log entry as proof of production of suspect before the police station to which he verbally abused her and told her to stay outside and enter only when she was called inside and while she was standing outside she was insulted and threatened with imprisonment following which the mental trauma led to the miscarriage of the petitioner. On the contrary, the respondents stated that the petitioner, when arrived for the surrender of the suspect, was told to stand outside the room and the respondents started inquiring with the suspect to which she got annoyed and started insulting the officers. The act resulted in the departmental inquiry against the respondents but the petitioner was unable to establish the allegations leveled against the said respondents.

The Court while dismissing the petition explained that since the petitioner was unable to establish the allegations leveled against the respondents the submission relating to the breach of ‘police rules’ does not have any merit and since no medical evidence produced before Court substantiated that use of force or an act of assault was committed on the petitioner by the respondents and it is important to note that Attorney-at-Law is governed by the Supreme Court Rules of 1988 where it is specifically stated that on Attorney at-Law must not conduct herself in any manner which would be reasonably regarded as unworthy, disgraceful and dishonorable by Attorneys-at-Law of good repute. Thus the Court held that the petitioner’s Fundamental Rights have not been violated. [Ratnayaka Weerakoonge Sandya Kumari v. Lakshitha Weerasinghe, SC FR 75 of 2012, decided on 18-12-2019]

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