Colombo, Oct. 21 (Daily Mirror) - Gampaha Magistrate Bandula Gunarathna has directed the court registrar to forward case files concerning the Inspector General of Police (IGP) to the President of the Court of Appeal to initiate contempt of court proceedings over the alleged failure to comply with court orders.
The Magistrate made the order on October 21, expressing serious concern that the police had failed to implement a directive requiring the IGP to issue a circular applicable to all police officers against filing baseless cases against innocent members of the public.
The directive arose from a case involving Chamara Chathuranga Marasinghe, a resident of Delowewa, Makandana, against whom the Gampaha Anti-Corruption Unit had filed drug possession charges under case numbers 1743 and 1744.
After finding the charges to be baseless, the court had ordered three police officers and the Police Department to pay Rs. 200,000 in compensation to Marasinghe.
The Magistrate had also directed the IGP to issue a nationwide circular instructing police officers not to institute frivolous cases against innocent people.
However, despite being given sufficient time to comply, the Police Department had reportedly failed to issue the required circular.
During proceedings on October 21, lawyers representing the Police Legal Division submitted a set of guidelines issued on October 19 by the Deputy Inspector General of Police in charge of the Western Province North. The guidelines applied only to the Gampaha, Kelaniya and Negombo police divisions.
Examining the document, Magistrate criticised the police for submitting instructions limited to a few divisions when the court had specifically ordered a circular covering the entire country.
He observed that the move appeared to be an attempt to mislead the court, questioning why the police had failed to issue the comprehensive circular as directed.
Warning of the consequences of unwarranted arrests and baseless prosecutions, the Magistrate questioned the sustainability of a system that encouraged the accumulation of cases instead of addressing the underlying causes of crime.
Expressing concern over the impact of such conduct on public confidence in law enforcement and the judiciary, Magistrate Gunarathna ordered the registrar to forward the relevant case files, including those concerning the IGP's alleged non-compliance, to the President of the Court of Appeal for consideration of formal contempt of court proceedings.