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Legal action likely vs Police over Shani’s security RTI request

14 Nov 2022

By Buddhika Samaraweera Directing the Police to provide information pertaining to an information request regarding the recommendation made by the National Authority for The Protection of Victims of Crimes and Witnesses (NAPVCW) to the Police to provide security to former Criminal Investigation Department (CID) Director ex-Senior Superintendent of Police (SSP) Shani Abeysekara, by 12 December, the Right to Information Commission of Sri Lanka (RTICSL) stated that it will initiate legal action if the Police fails to do so. Journalist Tharindu Iranga Jayawardhana had made an information request under the Right to Information Act No. 12 of 2016, seeking information pertaining to a recommendation made by the NAPVCW to IGP Wickramaratne to provide security to Abeysekara. Among the information requested by Jayawardhana are certified copies of a letter from the NAPCVW to the IGP, recommending to provide security to Abeysekara, a letter in which Deputy Inspector General of Police (DIG) Kamal Silva had made observations into the matter, a letter sent from the IGP to Senior DIG of the Western Province Deshabandu Tennakoon informing the latter to provide security to Abeysekara, and a letter from SDIG Tennakoon to IGP Wickramaratne to the effect that he had sought instructions from the Secretary to the Public Security Ministry regarding the matter. As the Police had not responded to the said request within the stipulated time frame, Jayawardana had made an appeal to the RTICSL. The appeal was taken up for consideration on 9 November. Delivering its decision, RTICSL said that the Information Officer of the Police and the IGP, who is the Police Designated Officer under the RTI Act, have neglected their statutory responsibilities by not providing the relevant information within the expected time period. Emphasising that it could not take the violation of provisions of the RTI Act lightly, the RTICSL said that it will initiate legal action against the Police under Section 38 of the RTI Act if the Police fails to implement the relevant provisions properly by providing information. The RTICSL also said that the Police Information Officer and IGP should act to prevent violations of the RTI Act from happening again. The presence of a Sub-Inspector of Police (SI) at the RTICSL on behalf of the IGP was also discussed during the proceedings. The RTICSL stated that the IGP had not taken steps to send a senior official on his behalf, and that an SI had been sent on behalf of the IGP instead, claiming that this reflected that the Police had taken the matter lightly. Accordingly, the commission announced its decision and ordered the Police to release the relevant information to Jayawardana with copies to the RTICSL before 12 December. If the information is not released by the Police, RTICSL stated that it will file a case at the relevant Magistrate’s court over the matter. The RTICSL Director General was directed to inform the Police and Jayawardhana of this decision. The appeal was taken up before RTICSL Chairman, retired Supreme Court Judge Justice Upali Abeyratne and RTICSL members, retired Court of Appeal Judge Justice Rohini Walgama, Attorneys-at-Law Kishali Pinto-Jayawardena and Jagath Liyanarachchi, and Mohammed Nahia.  


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