Herath Mudiyanselage Hemantha Bandara, the former Divisional Secretary of Weligepola and the current Divisional Secretary of Balangoda, and three other officers and a contractor had filed a 2016 private criminal case against the forcible acquisition of a portion of private land. The victim had lodged a complaint with the Godakawela Police regarding various incidents of harassment, but no action was taken against him. In that complaint, more than 13 allegations have been made in the Ceylon Penal Code.
However, due to various reasons, the Embilipitiya Magistrate’s Court as well as the Embilipitiya Provincial High Court rejected the request and the aggrieved party has appealed to the Hon. Court of Appeal. The Court of Appeal has decided to hear the appeal from August 24, 2017.
Note – It is clear that the innocent party to this case has made an important revelation. It is the ability to report a crime directly to the local Magistrate’s Court if the police do not take appropriate action after the crime has been committed. The case also reflects the possibility of submitting information about a crime directly to the criminal court. Also, the Attorney General’s Department cannot continue to appear when a criminal case is filed in this manner, and by doing so, public officials continue to be tempted to commit crimes and the relevant instructions have been given to the Attorney General in Chapter 6 of the Establishments Code. However, it is reported that these government officials may have to seek the assistance of a lawyer in person as the case is being filed in private, and in accordance with Article 6: 6 of the Establishments Code, they should seek the assistance of a lawyer in person. As for the law, however, we are waiting for the common good of the public to know how it works.
