Practice Relating to Rule 115. Disposal of the Dead
Sri Lanka’s Emergency Regulations (2005), as amended to 2008, states:
54. Where a police officer or member of the armed forces has reason to believe that the death of any person may have been caused as a result of any action taken in the course of duty either by him or by any subordinate officer as the case may be, or where any person dies in police custody or military custody, the Superintendent of Police in charge of the division to which such police officer is attached or in the case of a member of the armed forces the Commanding Officer of the Unit to which he belongs … shall … [n]otwithstanding anything to the contrary to Chapter XXX [relating to inquests of deaths], and Section 9, of the Code of Criminal Procedure Act, No. 15 of 1979 [giving power to the Magistrates’ court to inquire into sudden deaths] or the provisions of any other written law for the time being in force … report the facts relating to such death to the Inspector-General of Police or the nearest Deputy Inspector-General of Police.
(2) The Deputy Inspector-General of Police to whom the body is handed over … may in the interest of national security or for the maintenance or preservation of public order, authorize the taking possession of and effecting the burial or cremation of the dead body in accordance with such steps as he may deem necessary in the circumstances.
58A. Notwithstanding the preceding provisions of this regulation, where death is caused to a police officer or a member of the armed forces, it shall be lawful for the Secretary to the Ministry of the Minister in charge of the subject of Defence, –
(a) to instruct the Inspector-General of Police or the Commander of the Sri Lanka Army, the Commander of the Sri Lanka Navy or the Commander of the Sri Lanka Air Force as the case may be, to take all such measures as may be necessary for the cremation or burial of the dead body, subject to such restrictions and conditions as he may impose in the interest of national security, or for the maintenance or preservation of public order; or
(b) to direct the Inspector-General of Police to take such steps as are set out in regulation 54 in respect of such death and accordingly the provisions of regulations 55, 56, 57 and 58 shall thereupon be applicable.