A Fundamental Rights petition filed on behalf of CID former Director Shani Abaysekara was today fixed for support on March 31 by Supreme Court.
Attorney Gowry Shangary Thavarasa has filed this petition on behalf of former CID Director Shani Abeysekara who is currently in remand custody.
The petitioner is seeking an order directing Inspector General of Police (IGP) to provide adequate security, if he is taken out of the remand prison, for investigations or any other purposes such as recovery of weapons.
Supreme Court three-judge-bench comprising Justice Buwaneka Aluwihare, Justice Yasantha Kodagoda and Justice Janak de Silva fixed the petition for support on March 31.
The former CID Director is also seeking a declaration that his Fundamental Rights guaranteed under Article 12(1) and 13(1) of the constitution have been infringed by the respondents. He is also seeking compensation in a sum of Rs. 3 million for violating his Fundamental Rights.
The petitioner has cited IGP C.D. Wickramarathne, Colombo Crimes Division (CCD) OIC ASP Nevil Silva, IP Nishantha of the CCD, Senior DIG Deshabandu Tennakoon and the Attorney General as respondents.
The petitioner stated that Shani Abeysekara is 59, is married and has two children. The petitioner stated that Abeysekara is a Senior Superintendent of Police attached to the Sri Lanka Police Department who among the many positions of responsibility he has held had also served as the Director of the CID in the past. The petitioner further stated that Abeysekara has an unblemished record of service for over 33 years.
Shani Abeysekara was arrested by CCD for allegedly fabricating evidence in the murder of businessman Mohammed Shiyam in 2013 in which then DIG Vass Gunawardena and several others were sentenced to death for committing and conspiring to commit murder.
The petitioner stated that Shani Abeysekara had been arrested without any justifiable reason, arbitrary, unreasonable, unfair, unjust, capricious and malicious.
Counsel Shantha Ratnayake appeared for the petitioner. Deputy Solicitor General Shanil Kularatne appeared for the Attorney General.
