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Supreme Court expresses displeasure over non-implementation of court orders

The Supreme Court expressed its strong displeasure on 7 March over the non-implementation of certain orders issued four months ago in connection with the Fundamental Rights petition filed against Senior DIG Ranmal Kodithuwakku and others. The court, after questioning the State Counsel appearing for the Attorney General’s Department at length regarding the non-implementation of this order for seven months, ordered the relevant orders to be implemented and informed of the same through a motion. The Supreme Court made this order when it called for hearing on a fundamental rights petition filed by a person named Mishara Ranasinghe on several grounds including assault, trespassing and illegal arrest by Senior DIG Ranmal Kodithuwakku for overtaking his vehicle.

This petition was heard today before a Supreme Court bench comprising Justices Dilip Nawaz, Arjun Obeysekara and Sampath Abeykoon.

Although the petition was called for hearing today, the respondents including Senior DIG Ranmal Kodithuwakku had informed the court through a motion that since the annexures they were required to file objections had not yet been submitted to the court, therefore they needed time to file objections after receiving the relevant documents. President’s Counsel Anura Medagoda, who appeared before the court today on behalf of the respondents police officers from 1 to 05, stated that it was not possible to file objections as the relevant report had not been received in accordance with the Supreme Court orders issued last August.

Attorney Thishya Weiragoda, who appeared for the petitioners along with Attorney Dilan Nalaka, stated that the Supreme Court had issued the relevant orders last August. However The National Police Commission and other authorities have failed to implement the order for the last seven months. The attorney stated that the first respondent in the case, Ranmal Kodithuwakku, is the Senior Deputy Inspector General of Police in charge of Crime as well as the Senior DIG supervising the Victims and Witnesses Division, and therefore the relevant authorities have deliberately failed to implement this court order.

The Supreme Court continued to question the State Counsel regarding the non-implementation of court orders and the Supreme Court also drew attention to a letter written to the court by the Chairman of the National Police Commission on March 3, 2025. The Director of the National Police Commission had requested in a letter to provide a copy of the Supreme Court case file for the relevant activities. Attorney Weragoda stated that the Supreme Court ordered a new investigation on August 8, 2024, and the National Police Commission requested the case report after seven months to implement the relevant order. 

Expressing strong displeasure over the non-implementation of the Supreme Court orders, the bench ordered the State Counsel to implement the order and inform the court about this by May 8 through a motion. The State Counsel stated that the court was required to provide the report in accordance with one of the orders and that Dr. Channa Perera had gone overseas and would return to Sri Lanka in May and that the relevant report would be submitted upon his return. Accordingly, the court also ordered that the report be filed with the relevant doctor in May.

The petitioner was admitted to the Mulleriyawa Hospital after being assaulted and was receiving treatment. The Supreme Court today inquired into the court orders issued on August 8 to conduct an investigation under the direct supervision of the Senior Inspector General of Police in charge of the Western Province into the disappearance of the petitioner’s doctor report. Responding to this, the State Counsel stated that the report prepared by the Crime Division in the last week of February has been submitted to the Attorney General. Accordingly, the Supreme Court today ordered that the report be examined and further action be taken. ‍

It was revealed in court today that the court order issued to conduct a criminal investigation into the assault on the petitioner in this incident has not been implemented so far. The Supreme Court informed the State Counsel to implement the relevant order.The court, which ordered the summoning of this fundamental rights petition on May 30 to inquire into the implementation of the relevant order, also ordered that the petition be summoned for hearing on October 21.

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