High Court Orders Rehearing of Previously Dismissed Case Against Deshabandu

The Colombo High Court today (18) ruled that the order previously issued by the Colombo Chief Magistrate, dismissing a private complaint filed against former Inspector General of Police Deshabandu Tennakoon, was contrary to law and declared it null and void. Speaking to the media after the High Court's decision, attorney Achala Seneviratne stated that the case had been dismissed on the grounds that the relevant documents, which were in the custody of the court, had gone missing.

This private complaint was filed against Deshabandu Tennakoon, who was then serving as the Senior Deputy Inspector General of Police for the Western Province, based on an incident where a person named Maulana was assaulted during the tumultuous events at the Galle Face protest site on May 09, 2022. The attorney further stated that she had previously lodged a complaint with the Judicial Service Commission regarding the disappearance of documents belonging to the relevant case file.

Colombo High Court Judge Manjula Thilakarathne, after considering the appeal filed by an activist against the dismissal of the case by the Colombo Chief Magistrate's Court, ruled that the former Chief Magistrate had dismissed the case without properly considering the evidence and without following due guidelines. Observing that the dismissal order was unlawful, the High Court Judge allowed the petitioner's appeal.

Accordingly, the High Court, nullifying the former Magistrate's order, directed that the case proceed under the current Chief Magistrate, attorney Achala Seneviratne stated. The High Court Judge further ordered that all future legal steps related to this incident be carried out in accordance with due procedure.