The latest game of the Sri Lanka Police Department is revealed to be launching various conspiracies against judges who do not allow them to bend the law as they wish. Its first unfolding is the removal of the protection of the Kaduwela magistrate during the struggle. It will happen on or around May 6, 2022. It became public, but we did not report that any action was taken against influencing the judge.
After that incident, the second incident was reported yesterday before Colombo Additional Magistrate Tharanga Mahawatta. It was in the case related to Wasantha Mudali. When the suspects in this case, Galvewa Siridhamma Thera and the convener of the Inter-University Student Council, Wasantha Mudalige, were presented to the court on the 17th and 22nd of last November, the case was called in the magistrate’s office, where the officials of the Anti-Terrorism Division regarding the statements and actions of the magistrate. The Deputy Solicitor General informed the court that 4 persons had given affidavits to the Inspector General of Police.
According to the affidavits given to the Inspector General of Police by four officers including Senior Superintendent of Police Prasanna De Alwis, Assistant Superintendent of Police Wasantha Ratnayake and Chief Inspector of Police Kapila Bandara, the Inspector General of Police has requested to refer the complaint regarding the Additional Magistrate to the Judicial Service Commission. Senior Deputy Solicitor General Mr. Dilipa Peers had told the court that there is.
According to the submitted affidavits, after the suspects were presented to the court on November 17, the court said, “You fought for all of us, but because we have been presented under the Prevention of Terrorism Act, our hands are tied by the Act and we cannot grant bail. The Senior Deputy Solicitor General informed the court that an amount of 10,000 rupees has been given to a judicial officer to give paspanguwa and sustajan to the suspect Siridhamma Thero, saying, “If Heranama wants to get Sinhala medicine, allow it.”
Mr. Dilip Peers has issued a statement damaging the independence of the judiciary. that is,
“According to these affidavits, when the case was convened 2 months ago, the magistrate inquired about the health of Siridhamma Thero, who was weak due to dengue, and gave him a sustagen ting before the officials. Therefore, this case should be transferred to another court. Court hands over affidavits to Service Commission”
President’s Attorney Sally Peiris, who appeared before the court on behalf of the defense, strongly opposed this request. He stated that if the Attorney General wants to transfer a case, it should be done according to the provisions of the Criminal Procedure Code and doing so is not a good thing. He also stated that it can be considered as an attempt to intimidate the judiciary and harm the independence of the judiciary.
Here, the Magistrate stated that considering the second suspect in this case, Siridhamma, as a monk, he did the act with a humanitarian motive in mind, but he said everything he said at that time in front of the officers of the Anti-Terrorism Division. Also, the magistrate stated before the court that she does not approve of the attempt to create a problem for her by stating the facts that were not mentioned at this time.
Sri Ravana Note
The Sri Lanka Police Department or the Attorney General’s Department cannot influence the court like this. That should not be allowed to happen or the judiciary to become politicized.
All suspects are ordinary persons to all court judges including magistrates. They were bound to provide necessary facilities to the suspects. Also, any person has the right to do all the necessary things when a patient is presented before him, both officially and on a humanitarian basis. But it is a game for the police department or government officials to fulfill political interests.
Dilipa, who appeared on behalf of the Attorney General, states as stated in the affidavits. But he is bound by law to provide necessary support to the work and requests of the investigating officers. But according to section 9 (a) of the Criminal Procedure Code “…have and are hereby ordered to have and have authority to hear, try, decide and determine the appropriate penalty for all matters or criminal cases relating to offences”. … and if a court needs to be transferred, it is also mentioned in the act how it should be done.
Also, Sections 70 and 71 of the Penal Code of Ceylon indicate that anything that happens in judicial proceedings is not a mistake. Therefore, illegal interference in court proceedings in this way should not be allowed. It is true that some corrupt officials in the police department do not want democracy. But patriotic people are still trying to maintain democracy for future generations.
However, this incident shows that officials who fulfill political needs by misusing the Terrorism Act are a curse to this country. Sri Lanka should not be allowed to produce criminals as they want.
So this is what the lawyers representing Wasantha Mudaligela should do now. Senior Superintendent of Police Prasanna de Alwis, Assistant Superintendent of Police Vasantha Ratnayake and Chief Inspector Kapila Bandara took the sworn petitions of all the officers and filed a civil case against them and transferred the civil case to Siridhamma Thero and Wasantha to get millions of compensation.