NPC powerless to act against IGP
NIRANJALA ARIYAWANSHA-AUG 19 2018If IGP Pujith Jayasundera fails to implement NPC recommendations, the latter does not have any legal power to take punitive action against him, he noted.
According to recommendations made by the Constitutional Council (CC), the appointment of the IGP is vested with the President. However, Manatunga stated that based on the 19th Amendment, the IGP or any other person could not challenge recommendations made by the NPC.
He was responding to a query made by Ceylon Today that some Media reports had stated that the IGP had failed to carry out certain recommendations made by the NPC.
“Whenever the IGP fails to carry out our decisions, the plaintiff can always file an FR petition in the Supreme Court. Also they could lodge a complaint with the Administrative Appeals Tribunal (AAT).Through each of these instances, the public have the chance to put into effect decisions given by the NPC and which have not been activated by the IGP,” the NPC head said.
Citing the instance where SSP Palitha Siriwardene, who was recommended by the NPC to be promoted, but was not promoted by the IGP, Manatunga said the IGP had to adhere to a Supreme Court Order and give the victimized officer the promotion. Similarly, he said victims could take their case to Courts and get redress.
Manatunga said if either a politician or any other party exerts pressure on the NPC and if such charges were proved by a High Court, those guilty of the offence could be given a seven-year jail term.
Meanwhile, he said if complaints are lodged with the NPC on allegations that a special Police unit had been set up to tap private telephone conversations of politicians and journalists, they were ready to conduct a probe into such complaints.
Based on article No. 155 Section G (92) of the Constitution, the NPC has been vested to probe complaints lodged by the public.
“There have been some reports regarding this issue. If a complaint is lodged, then we can initiate an inquiry into it as we have the powers to do so. No one has the right to tap phone calls,” he said.
He added that the NPC continues to receive over 500 complaints, from the public annually, connected to partiality, bias of police officers and their failure to mete out justice to the masses.
“Monthly we receive around 40 to 50 public complaints against the Police. Hence, we have decided to install an office in each Province to look into complaints. Retired top government officers have been recruited to each of these offices,” he said.
Those retired officers are not Police officers and they are to be paid a monthly remuneration by the NPC.
He further said the public could always lodge a complaint with the NPC.
