Poojitha is liable under ‘Convention against torture’ and under sections 343 and 344 of Penal code too- a former IGP

(Lanka-e-News - 27.Aug.2017, 5.30PM)   IGP Poojitha Jayasundara who threatened and  assaulted the lift operator within the police headquarters , which was exposed by Lanka e news supported by  a video footage is a very grave offence according to a former IGP who spoke to Lanka e news. The present  IGP is therefore not only liable under the ‘Convention against  Torture’ but also under sections 343 and 344 of the Penal code , he added. 

Section 343 …
Whoever assaults or uses criminal force on  any person otherwise than on grave and sudden provocation caused by that person shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both

Section 344 …
If a public servant when in the lawful execution of the duties  is deterred from by use of criminal force, or  if such attempts are made, and  as a result of which  the  public servant is harassed   or is assaulted , whoever  caused that is liable to a sentence of a maximum period of two years in jail or a fine or both .

Based on the above , the present IGP has violated both sections of the penal code , according to the  former IGP . That is , Poojitha Jayasundara as the head of that department has obstructed the lift operator who is a public  servant in the execution of his duties without valid  grounds. 

Hence under section 344 of the penal code if  Poojitha is  arrested and produced in court , since the magistrate has no powers to grant bail in such an offence , Poojitha necessarily will have to be remanded in which case Poojitha will have to be enlarged on bail only by the high court ,the former IGP clearly pointed out.

The former IGP also went on to comment that he deeply regrets the  misbehavior  of Poojitha , which is definitely not in conformity with the rank of the IGP , and is  most inhuman , he added.
  
 ‘What will happen if an IGP instead of conducting himself like a father to the staff becomes  adevil  ?  Now, it is a long time since this incident occurred. It is also a  long time ago the complaint was made to the president of the Constitutional council. In other words government’s political leaders have been suppressing this incident. That reflects poorly on a government which calls itself good governance . The world is watching .  If Poojitha despite being an IGP if he behaves like a murdererand kills somebody , aren’t  laws going to be enforced against him? 

The last government towards the end also  faced charges based on  lawlessness , and not upholding the rule of law. Owing to  the misconduct of the present IGP the present government too can be similarly accused. When that happens it  will  be a stigma to the government and the country as a whole’ the former IGP pinpointed with concern. 

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by     (2017-08-27 11:59:26)

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