Journalist Tharidu Jayawardena had filed a private complaint against ASP Nalin Dilruk, and SSP Roshan Dias for alleged obstruction caused during a protest on the 10th of October 2022 in Colombo.
The Attorney General on Tuesday (1) had filed an ex-parte motion to call for the matter, and on Wednesday (2) counsel appearing for the complainant expressed their objections over this move.
Appearing for the complainant President’s Counsel Saliya Peiris told the court that the Attorney General is not a person with special privileges.
The President’s Counsel pointed out that the Attorney General was not a party to the private plaint filed against two police officers, and noted that summoning the case via an ex-parte motion to obtain orders sets a negative precedent.
He added that if the Attorney General wanted to call for the case via a motion, the Attorney General must inform the complainant or his counsel.
President’s Counsel Saliya Peiris stressed that Senior State Counsel Saminda Wickrama appearing for the Attorney General had concealed the fact that he did not inform the complainant or the counsel from the Magistrate, and presented facts over the matter.
He informed the court that he was only made aware that the case was called up via a motion on Tuesday (1) following media reports on the matter, and that the counsel for the state had told the court that the complainant had made false submissions to the court.
President’s Counsel Saliya Peiris stressed that the complainant or the counsel have never produced any false fact to the country, and had never misled the court.
He pointed out that the submissions made by the Attorney General’s Department were published in the media, and though the Attorney General had tried to relate Article 88 of the Police Ordinance and Article 97 of the Code of Criminal Procedure to the case, these two Articles have zero relevance to the matter.
President’s Counsel Saliya Peiris requested the court to never allow for a case to be called up in the absence of the complainant.
