What action can be taken against a police officer who files a false accusation?
It is evident from the daily news coverage that the number of people who are subjected to injustice due to the actions of police officers throughout Sri Lanka is not insignificant.
Suspects and defendants often meet in the legal profession who claim that the drug was introduced to them by the police, especially in drug-related cases such as heroin and marijuana. In this article, I will try to explain such actions one by one.
01. Complaining to the Human Rights Commission.
Such an incident should be reported to the Human Rights Commission within a month.
Complaints can be made to the Human Rights Commission through the website www.hrcsl.lk as well as online. can.
02. Submitting a Fundamental Rights Petition to the Supreme Court.
It is also possible to file a fundamental rights petition in the Supreme Court.
It is more accurate to call this the most reliable method that will give you the relief you need.
A fundamental rights petition must be filed within one month from the date of its occurrence, but if you have lodged a complaint with the Human Rights Commission, that period is calculated from the date of the Commission's decision.
Also, if you are remanded by the court, one month will be calculated from the date of your release from prison on bail. That he could not be arrested and that there must be a reasonable suspicion to do so.
He added that the suspicion should be clear, not unpredictable and speculative.
The Attorney General (SCFR 2016.02.17/58) against Muthuva Hennadi Roshan Koitex and another, who was decided on 2008 on a case filed on false charges against an arrested person, can be cited. Arrested by the officers and produced before the court on false charges of possession of cannabis and disorderly conduct under the influence of alcohol.
The Magistrates' Court acquitted the two petitioners of these charges.
In this case, the Supreme Court ordered the first petitioner to pay Rs. 250,000 and the second petitioner Rs. 150,000.
According to the above judgments, we see that the Supreme Court is the most trusted body to protect the rights of citizens in cases of misconduct by police officers.
03. Complaining to the National Police Commission.
The purpose of this Commission is to receive and investigate complaints against a police officer or police service and to provide relief under the relevant laws. You can also lodge a complaint with this Commission. You can also call the 1960 hotline or 0112166500 whenever you need to.
04. Complaining to the IGP.
You can lodge a complaint directly with the IGP. You can lodge a complaint online at www.police.lk through the extension "Tell the IGP of Public Complaints".
05. File a case seeking compensation in the District Court.
If you are finally acquitted and released on false charges, you can file a lawsuit in the District Court seeking compensation from the police. The Ceylon Electricity Board and another (2007 (2) SLR 406) have stated in the case against Jayawickrema that the above matters have to be proved.
(1) Defendants have filed a lawsuit against the plaintiff.
(2) The case has been decided in favor of the plaintiff
(3) Defendants may have filed a case without just cause or just cause.
(4) Hately prosecuted
(5) The plaintiff may have been harmed as a result of the lawsuit
According to Section 88 of the Police Ordinance, such a case should be filed within 03 months of the conclusion of the case filed against you on false charges and a notice should be sent to the Attorney General within 02 months.
One of the first actions you can take against a police officer for filing a false case is to file a Fundamental Rights Petition. Therefore, I hope that following the advice of a lawyer in all the actions discussed above will help you to get relief.
Attorney at Law Saranga Wadasinghe