Supreme Court assumes Nittambuwa bias case

News of an incident of a Lady Magistrate whose services has been suspended for having taken action by issueing an incorrect verdict on a Lady Doctor is reported from Nittambuwa.

Two persons have been injured from an accident when the vehicle she had been driving had collided with a motor-cycle. Later, when the incident was brought to a settlement by the police, the Lady Doctor had left the police station. However, she was instructed to be present in courts and when she did,
she was remanded by the said Magistrate. The Lady Doctor who inquired as to why after such a minor issue was brought to a settlement it was considered necessary for it to be extended so far when she was made to understand that it was a relative of the said Addl. Magistrate who had been travelling on the pillion of the motor cycle concerned and on behalf of this relationship the Lady Magistrate had misused her duties where the law was concerned. As such, the Lady Doctor having been released from remand had then approached the Supreme Courts. The Supreme Courts suspended the services of Attanagalla Addl. Magistrate, Mrs. Poorna Senaratna who issued the verdict to remand the Lady Doctor and further instructed the IGP to suspend the services of the OIC of the Traffic Division of Nittambuwa, Susantha and Constable Ananda as well as having produced the Lady Doctor to courts and even protested in releasing her on bail. It was ordered that disciplinary action be instituted against these two officers.


A complaint was made by Dr. Mallika Guneratna serving Wathupitiwala Hospital to Chief Justice Mr. Mohan Peiris to the effect that even after the said accident was brought to a settlement at the police, the 2 aforementioned police officers on the influence of a lawyer who was supposed to be a brother of the lady pillion-rider of the motor cycle had taken steps to suddenly produced her before courts and preventing her from obtaining the assistance of a lawyer had produced her before the Addl. Magistrate whereby after issueing orders that she be remanded was remanded for a period of 3 days. After the petition was inquired into by a bench of judges comprising the Chief Justice, Eva Wanasundera and Sarath de Abrew, this order was issued.

The Chief Justice severely warned the 2 police officers that if any influence is made on the Lady Doctor or members of her family, they would be remanded.

On July 18th, when the Lady Doctor while in the process of taking the vehicle out to the road from her house to proceed to the hospital the accident had occured and in the complaint forwarded by the complainant, she had further stated that the injured party was taken to hospital and after being treated there a statement was submitted after going to Nittambuwa Police. She further mentioned that the police told her that it is not necessary for her to be produced in courts and instead to come to a settlement and the injured on the other hand requested for payment of damages to repair the motor cycle.While the situation was such, she was subsequently asked to report to police and was taken to courts in a three-wheeler and that no WPC was summoned to participate in such instances.

The complainant mentions that a certain lawyer had approached her and created a problematic situation for her and that the 2 officers had told her that she would be produced before courts. The request she made on that occasion to wait until her husband arrived was neglected.

The Lady Doctor said that a lawyer from courts had approached her and asked her whether she requires any legal assistance and when she answered in the affirmative, she was pointed to another lawyer. That lawyer had not discussed anything with her and had informed courts that she had consented to pay the injured party a sum of Rs. 35,000; without any consent on her pat in this connection.  

She further added that the police refused to grant bail to her and after the Lady Magistrate remanded her till the 21st, she was taken to Welikada Prisons and made to remain there for a period of 3 days. Subsequently, her husband has had a confrontation with ASP, Mr. Balagalla, and after explaining facts she had been granted bail through a motion filed while in the process, the injured party had left hospital on the 20th.

The Lady Doctor finally stated that as a result of this incident she and members of her family have been subjected to contempt and requested from the Chief Justice that an impartial inquiry be conducted in this connection and if found guilty, disciplinary action be taken.

Attorney-at-Law Himali Kularatna appeared on behalf of the plaintiff.

Information -- Shiromi Abhayasingha