HUMAN RIGHT COMMISSION OF SRI LANKA - Annual report 2020
had not had any pending litigation during the time period from 2009 to 2015
against him and that the appeals made by the petitioner had also not been
heard by the respondents. Accordingly, the Commission recommended the
petitioner be awarded his promotion and corresponding salary and other
allowances, and correct his subsequent promotions upon confirming the
recommended in-field promotion list of 2009. It also directed the
respondents to take legal action in terms of the Navy Act against the officers
who unfairly and intentionally deprived the petitioner of his seniority and
promotions and against the parties responsible for the misplacement of
documents and those who had intentionally acted in a manner which brings
disrepute to the Navy. HRCSL further made a recommendation to the
Ministry of Defence to take any necessary steps pertaining to the violation of
the Petitioner’s Fundamental Rights guaranteed under Articles 12(1) and
14(1)(g) of the Constitution.
3.3. Suo Motu inquiries
The Commission intervened in several issues exercising its own initiative
(suo motu) under Section 14 of the Act. Often, issues meriting intervention
are identified through media monitoring and individuals or organizations
bringing such issues to the attention of the Commission. This activity sees
close collaboration between the Investigations and Inquiry Division, the
Research and Monitoring Division, and regional offices of the HRCSL. In total,
the Commission launched 49 suo motu inquiries into different incidents
during 2020 (for a full list of suo motu inquiries see appendix 3).
Refusal admission to a public school on the basis of
religion (HRC/SUO/MOTU/01/20)
HRCSL initiated an investigation pursuant to a newspaper article regarding
the refusal to admit a child to a national school despite obtaining the
requisite marks at the Grade 5 scholarship examination due to his father
being a Hindu. The Secretary to the Department of Education was directed
to take necessary administrative action against the violators and to submit a
report to the Commission detailing the action taken.
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