The National Police Commission (NPC) is set to discuss the recent Supreme Court (SC) ruling that the fundamental rights (FR) of Deputy Inspector General of Police (DIG) Bimshani Jasin Arachchi were violated by her removal as the Acting DIG of the Community Police Division, and the recommendation to consider her reinstatement from 5 October upon receiving the official order.
Considering an FR petition filed by her, SC Judges, President's Counsel and Justice S. Thurairaja, Shiran Gooneratne J., and Achala Wengappuli J. ruled early this week that articles 12(1) and 12(2) of the Constitution that state that persons are equal before the law and are entitled to the equal protection of the law, and that no citizen shall be discriminated against on the grounds of race, religion, language, caste, sex, political opinion, place of birth or any one of such grounds, have been violated through her removal. The SC also ordered the NPC to consider reinstating her as the DIG–Community Police Division with effect from 5 October.
When contacted by The Daily Morning, an official of the NPC said that the NPC should first receive the SC order officially. "This was reported through the media, but, we should receive the SC's order. The Legal Division may have already requested it. When we receive it, this matter will be discussed by the Commission, and the next course of action will be decided."
The petitioner stated in her petition that she was appointed as the Acting DIG of the Community Police Division on 14 December 2020. She further noted that she went abroad on 15 June of last year (2023) to work with the United Nations for one year while retaining her position. Upon returning to Sri Lanka after completing her service, she stated that she was not allowed to resume her duties as the Acting DIG. When she inquired about this, Jasin Arachchi said that the authorities had claimed that she did not possess such a position. The petitioner contended that this decision is unfair, unjust, and arbitrary.
Naming the NPC, the Secretary to the Ministry of Public Security, and four Acting DIGs, and several others as respondents to the petition, she requested the SC to declare that FRs guaranteed by the relevant Constitutional provisions have been violated, and to therefore issue an interim order reinstating her in the said position.