The Court of Appeal has referred a habeas corpus petition to the Supreme Court, ruling that the police's failure to properly investigate the abduction of a man in Meethotamulla (2012) violated his fundamental rights. The Court found that the police neglected to take appropriate action, including failing to present the suspects before a Magistrate and …
CA Refers Meethotamulla Abduction Case to Supreme Court
- Police Violated Fundamental Rights by Failing to Present Suspects in Court
The Court of Appeal has referred a habeas corpus petition to the Supreme Court, ruling that the police’s failure to properly investigate the abduction of a man in Meethotamulla (2012) violated his fundamental rights. The Court found that the police neglected to take appropriate action, including failing to present the suspects before a Magistrate and transferring them to the custody of the Sri Lanka Army without conducting a proper investigation.
In this case, the petitioner, D.G. Mendis Appuhamy, sought a writ of habeas corpus for the release of his son, who was allegedly abducted by unidentified individuals on February 2, 2012, while collecting scrap at the Meethotamulla garbage site. The abduction was witnessed by a local resident, Mohammed Hussain, who later identified two of the perpetrators as members of the Sri Lanka Army. Despite the family’s prompt complaint to the Wellampitiya Police, the police failed to investigate the case adequately or locate the victim. The Petitioner also reported that on March 10, 2012, an attempt was made to abduct his other son, Ravindra Udeshantha Dodampe Gamage, the former chairman of the Kolonnawa Urban Council. During this attempt, four individuals were apprehended, and two of them were identified as being involved in the initial abduction of the victim. However, when the police took action, they released the suspects into the custody of the Sri Lanka Army instead of presenting them to court.
On February 22, 2013, the Court of Appeal referred the matter to the Chief Magistrate of Colombo for an inquiry. The Chief Magistrate’s report, submitted on August 1, 2019, confirmed that an abduction had occurred and highlighted that the police had failed to conduct a proper investigation. The report also noted the lack of legal proceedings after the suspects were transferred to the custody of the Army.
Justice MC.B.S. Morais emphasized that the failure of the Officer in Charge of the Wellampitiya Police and his subordinates to conduct a thorough investigation into the abduction and related incidents. The court further stated that the fundamental rights of both the victim and the petitioner, as protected under Article 12 of the Constitution, had been violated. The Court of Appeal referred the matter to the Supreme Court for a determination in accordance with Article 126(3) of the Constitution, due to the serious nature of the violations involved.
“…However, on 11th of March 2012, the Petitioner was informed by the Police that the apprehended individuals had been released to the custody of the Sri Lanka Army and had not been presented before the Court. The Petitioner contends that no proper investigation has been conducted regarding the whereabouts of the corpus. Furthermore, there is no evidence whatsoever that either the Sri Lanka Police or the Sri Lanka Army having conducted any investigation on the incident and the allegations. On 22nd of February 2013, the Court of Appeal referred this application to the Chief Magistrate in Colombo for an inquiry and a report regarding the arrest and alleged detention in question. The Chief Magistrate conducted an inquiry and submitted findings to the Court of Appeal on 1 st of August 2019. In the report, the Chief Magistrate concluded that an abduction has been confirmed and that the Police have not conducted a proper investigation regarding it…” – – Justice MC.B.S. Morais
“….Not only have the police failed to conduct an investigation into the matter, but they have also neglected to present the suspected individuals before a Magistrate as required by law. Instead, the police have simply transferred the custody of these individuals to the Army, citing their status as Army officers, without any further legal process or even an investigation….” – – Justice MC.B.S. Morais
Case No: CA Writ (Habeas Corpus) Case No: HCA 04/2012 [Decided on 07.11.2024]
Before: R. Gurusinghe J. & M.C.B.S. Morais J.
