10 November 2022 03:58 pm Views - 2186
The Supreme Court today permitted to name Western Province Senior DIG Deshabandu Tennakoon as a respondent in a Fundamental Rights petition filed on behalf of Convener of Inter University Students' Federation (IUSF) Wasantha Mudalige, who was arrested and detained under Prevention of Terrorism Act (PTA).
President's Counsel Saliya Pieris appearing for the rights of Wasantha Mudalige sought court's permission to make Senior DIG Deshabandu Tennakoon as the seventh respondent in the petition since his conducts are tantamount to the violation of Fundamental Rights of the detainee who was arrested without cogent evidence to be charged under PTA for committing terrorist activities.
The Court was informed that Senior DIG Tennakoon had sent a letter requesting the Secretary to the Ministry of Defence to detain Wasantha Mudalige for alleged involvement in terrorism without sufficient materials. It was further revealed that Senior DIG Tennakoon has sent this letter without going through the Inspector General of Police by violating the due process.
Deputy Solicitor General Madhawa Tennakoon appearing for the Attorney General submitted to court that it has been a practice to obtain detention order by police taking into account practical difficulties and urgent requirements.
Supreme Court two-judge-bench bench comprising Justices Vijith Malalgoda and S. Thurairaja observed that the authorities have to act as per the procedure laid down in the law and held that these practices should not continue without making amendments to the relevant provisions.
The Supreme Court further observed that until now, there is not an iota of evidence placed before Court to support the detainee's involvement in terrorist activities.(Lakmal Sooriyagoda )