A circular has been issued to all police stations outlining procedures to be followed when summoning individuals to record statements, following a fundamental rights violation petition filed by Vidura Ralapanawa.
Ralapanawa filed the petition after being summoned by police over a social media post he had published; he was not informed of any charges or reasons for the summons, which he alleged violated his fundamental rights.
Saliya Pieris PC, who appeared on behalf of the petitioner, told the media that the circular had been issued as a result of the Supreme Court fundamental rights application SC (FR) 266/2023, in which Ralapanawa challenged the Criminal Investigation Department for summoning him regarding a Facebook post about the Ceylon Electricity Board.
Pieris said that the acting IGP Priyantha Weerasooriya’s circular directed police to provide adequate information when summoning suspects or witnesses and reminds officers that, under the Criminal Procedure Code, police may only act when an offence has been disclosed.
The new guidelines specify the following:
Suspects must be informed of the specific charges or allegations when being summoned; witnesses must be told the purpose of their statement and its relevance to an ongoing investigation; individuals summoned for reasons other than as suspects or witnesses must also be given sufficient context for the request; if a summons is issued via telephone, the Officer in Charge must ensure the above procedures are followed; officers must exercise discretion when sharing investigation-related information with parties other than complainants, victims, or witnesses, especially if disclosure could impact the case.