- SDIG Rohana to pursue legal action on ‘illegal, unconstitutional’ transfer following NPC response, SDIG Priyantha Weerasooriya joins the protest
If there is any issue related to the transfers which were announced by the Ministry of Public Security, the Senior Deputy Inspectors General of Police (SDIGs) should first consult the Inspector General of Police (IGP) Chandana D. Wickramaratne before speaking to media as the National Police Commission (NPC) can only look into the matter once the recommended transfers are implemented, NPC Chairman and former IGP Chandra Fernando said yesterday (26).
He said this when he was contacted by The Daily Morning to inquire as to whether the NPC had received such a letter from SDIG Ajith Rohana. He also said that the letter allegedly sent to the NPC by former SDIG - Southern Province, Attorney Ajith Rohana requesting not to accept the transfers ordered by the Minister of Public Security Tiran Alles, for seven SDIGs including himself, has not yet been received. “We have not received such a letter yet. I don’t know if there was a delay because it is in the mail, or if the SDIG in question is to send it in hand. But, we have not received any letter regarding what the media has reported about. However, my opinion is that he (a reference to Rohana) should have first informed this issue to the IGP. As a senior officer of the Police Department, he should take steps to resolve these issues within the Department before exposing them to the media. As we learned, a decision has been made by the Department to transfer them, but no action has been taken yet to implement it. So, if someone wants to take action, he should take it after that decision is implemented,” he said. Speaking further, he said that it is not appropriate for the higher officials of the Department to expose the internal problems of the Department in this way. “If he sent a letter like this to the NPC, he should have informed us about it first. But, we have not even been informed that he has sent such a letter. We also came to know about such a letter through the media. As a former IGP, I don’t expect this kind of behaviour from such a senior officer who is also well educated. If there is any problem, it should be discussed first with the Head of the Department. That is the proper procedure. Therefore, my opinion is that senior officers must be very responsible when they act regarding such matters as the public eye is always placed on them,” he said.
When contacted by The Daily Morning yesterday, SDIG Rohana said that he would proceed with legal actions after considering the measures to be taken by the NPC regarding his appeal against the Ministry’s decision. However, in a letter addressed to the Ministry’s Secretary, SDIG Rohana had highlighted that the relevant order was neither issued by the NPC, nor with their approval, thereby making it both illegal and unconstitutional. He further quoted Section 56 of the Police Ordinance and the verdict delivered by the Court of Criminal Appeal (by the President of the Court, Justice Alles, and Justices Thamotheram and Wimalaratne) in A. Wijesuriya and Another vs. The State, supporting his argument, and accused Alles of having an ulterior motive behind such a ‘malicious, arbitrary and unreasonable’ decision.
Meanwhile, SDIG Priyantha Weerasooriya, who was also transferred from SDIG - Central Province as SDIG - Crimes and Traffic, has also requested the NPC to take appropriate steps to rescind his transfer order given by the Ministry and the IGP without mentioning the reason. He has requested action against the ‘malicious, unreasonable and unjustifiable’ transfer. In his letter, the SDIG explained that such ad-hoc transfers had occurred on several prior occasions, thereby creating frustration amongst the victimised officers. “This practice will badly affect the image of SDIGs, and the solemnity of the office of this rank, and also undervalue the same among the subordinates as well,” SDIG Weerasooriya said. Thus, he called on the NPC to take the required action to disapprove of such transfer orders issued by the Ministry.
Some media outlets had reported yesterday that SDIG Rohana who is among the seven SDIGs who were transferred had written to Fernando requesting not to approve the unreasonable transfers by Alles alleging that the Minister does all these malicious acts to harass them and to protect a particular SDIG.
The Department had taken a decision on Tuesday (25) to transfer seven SDIGs due to service requirements. Accordingly, seven SDIGs including Lalith Pathinayake (transferred as the SDIG - Central Province from the Police Field Force Headquarters [HQ]), Rohana (as the SDIG - Eastern Province), Sajeewa C. Medawatte (from the Sabaragamuwa Province to the Southern Province), W. Kithsiri Jayalath (formerly the Eastern Province), L.K.W.K. Silva (from the Crimes and Traffic Division to the Police Field Force HQ) and Ranmal Kodithuwakku were transferred with immediate effect.