By shantha wijesooriya
Balapitiya courts called the case of Indika Prabath’s shooting in the forehead on October 8th. Meantime on 9 July 2024 Balapitiya Magistrate R. D. Janaka ordered the police to arrest of Don Laxman Amaratunga, the killer who shot and killed Prabath, and bring him to court. But the police ignored the court order and acted according to the orders of the Special Task Force Commander DIG Varuna Jayasundara.
Prabath was shot and killed on October 10, 2022, and the Balapitiya Magistrate issued an order on July 9, 2024 to arrest STF inspector Kolombage and bring him to court. Three months have passed since the order was issued to arrest Kolambage. Although the magistrate has issued orders to arrest inspector Kolambage five times, the police have not been able to arrest and produce him before the courts.
Balapitiya Magistrate Janaka has ordered the Senior Superintendent of Police Elpitiya in charge of Galle to arrest inspector Kolombage and bring him to court. The order of the magistrate is not worth a penny to SSP Elpitiya. If the police do not arrest inspector Kolombage and bring him to court, the magistrate’s next option is to arrest and imprison SSP Elipitiya for contempt of court for not carrying out the court’s orders. If not, it may affect his personality.
“Not arresting inspector Kolambage and not producing him to the court means that the law is selective for Kolombage and for the normal public. From now on, if any person is killed in front of the Balapitiya court, or if such a murder occurs in the jurisdiction of Balapitiya, or until all the investigations related to the murder are completed, if the police arrange to arrest the suspect and bring him to court, oppose it.” said the President’s counsel Anura Medagoda, President of the Bar Association, requested to the lawyers working in the court room.
In spite of stating in the constitution that all people are equal before the law. The incident of Indika Prabath has confirmed more than necessary that that sentence is a slander. The so-called equality of law as well as the class nature of law has started to be seen in the open with the murder of Indika Prabath committed by the police STF.
If an ordinary person commit a murder, if the police cannot apprehend him the police will arrest the person’s wife, mother, father, or child. Such illegal arrests are admonished by some magistrates as a violation of human rights and most magistrates tacitly approve of the illegal actions of the police.
Even if the police act against the working-oppressed masses, the police do not act against the rulers or the capitalists. Capitalist Police Law and order means protecting the property of the capitalists and rulers. From whom will the looted and plundered capitalist property be protected? From the working-oppressed masses. Capitalist law is an institution against the people.
Some journalists who depend on non-governmental organizations and Christian churches raise voice that the reason for this in our country is that the capitalist law is not implemented properly.
How can the law made to protect capitalist property and their existence become our law? They are demanding the capitalist governments to properly implement the law established against the people and they are forcing the capitalist governments. Although it seems to us that they are doing progressive work, but they are doing a retrogressive contract.
Indika Prabhat was not the first and last person to be taken and killed citing showing weapons. These encounter killing started in 1988 and 1989 against members of the Janata Vimukthi Peramuna by taking to show hidden weapons. Many leaders including the leader of JVP Rohana Wijeweera, were killed by taking them to show weapons they have hidden. After the 1989 insurgency, this formula was also used to kill political opponents, dissident voices and to the underworld linked to politicians to dispose politicians complicity.
Makandure Madush was in police custody. Kosgoda Tharaka, who was under remand custody in Boossa High Security Prison. Madush was taken and killed for selling drugs and Taraka was taken and killed citing to show weapons. After 1989, the number of people who were taken to show weapons and killed are thousands. The number of people killed under the so-called “Justice operation” started under former notorius Inspector General of Police Deshbandu Tennakon and Public Security Minister Tiran Alles is about twenty. Relatives of those killed could not stand up for the majority of those who were killed and justice was not served for them. However the Balapitiya Magistrate issued an order convicting Kolambage of the Police Special Task Force who shot and killed Indika Prabath. Although some problems have arisen due to external influences while going to implement that order, the magistrate should have our credit for issuing that order.
Prabath was killed in a very brutal manner. The bullet shot by inspector Kolombage, penetrated above the nose and travelled breaking the chin bone, neck muscles, blood vessels, right lung and liver and the bullet was found lodged in the abdominal cavity. The medical report states that it is clear that the bullet entered the body from the nose of the deceased and traveled down. The report also stated that the bullet did not come out from Prabath’s body.
As police claims Prabath took out a concealed weapon and fired at the police, three shots were fired at Prabath from inspector Kolombage’s 9mm automatic firearm. While Prabath was shot inspector Kolombage was behind him. If inspector Kolombage shot Prabath in self-defense, those bullets should have hit Prabhath’s back. But he was not shot in the back and if he was shot behind the bullets should have come out.
If inspector Kolambage shot Prabath from a distance, there is no way that the bullet would have entered his body. Inspector Kolambage shot Prabath when he was on his knees. The magistrate says that Prabath’s death was intentional.Indika Prabath was a skilled shooter who was attached to the Army Corps of Engineers. Although he has been involved in a number of robbery cases in the past, he has no ties with drug cartels or underworld gangs. After meeting Piyumi, Prabhat left all his illegal work, bought an air-conditioned lorry and sold fish to the shops belonging to Dehiwala fisheries. Prabath was arrested by the police special task force and shot dead when he was ready to go abroad with Piyumi.
The underworld sources in the south are concerned about Prabath’s murder and the underworld sources in the south say that he is being killed by the police special task force under the contract of Kosgoda Suji. Ratmalane Roha was killed by Peliyagoda Crime Division on the contract of Ratmalane Anju. The contract to kill Roha was four crores. The name of the former Inspector General of Police Deshbandu as well as voice clips related to the incident were circulated on the social media network.
Without Piumi’s passion, commitment and money, Prabath would have been branded as a criminal if the legal team, including President’s Attorney Anura Medagoda, had not stood up for Prabath’s rights.
Piyumi, who is demanding justice for her husband Prabath’s case, has become a headache for DIG Varuna Jayasundara, the commander of the Police Special Task Force. This is due to Piumi’s statement in court on October 12, 2022 on the day when Prabath was arrested, DIG Jayasundara had visited Piumi’s Kottegeda house. Lanka Sky News revealed that Prabath wife Piyumi’s life is in danger from the Police Special Task Force as well as the underworld groups friendly to that force.
Attorney General’s Department, Police Department and Police Special Task Force are making great efforts to save Prabath’s killer. We request the progressive workers-oppressed people of this country to come before the Balapitiya Courts on November 5th to defeat that vile attempt.
Just as it is not possible to save the capitalist system by killing the people who are created due to the contradictions of the capitalist society, it is also not possible to solve the contradictions by overthrowing the capitalist system.