8 February 2022 12:00 am Views - 80
By Lakmal Sooriyagoda
The Court of Appeal yesterday ordered to release Attorney-at-law Hejaaz Hizbullah on bail after nearly two years in detention and remand custody.
Accordingly, the Court of Appeal directed the Puttalam High Court to release Hejaaz Hizbullah on bail with relevant bail conditions.
The Court of Appeal two-judge-bench comprising Justice Menaka Wijesundera and Justice Neil Iddawala made this order taking into consideration a revision application filed on behalf of Hejaaz Hizbullah.
Justice Neil Iddawala observed that the court is of the view that the revisionary powers vested with the Court of Appeal allows the same to consider the grant or refusal of bail for suspects or accused under the Prevention of Terrorism Act.
The Court held that the consent given by the Attorney General to release the petitioner on bail, the period of incarceration in view of the sentence that may be imposed on the petitioner if convicted, and the legal impediment preventing the petitioner from seeking bail from the trial court were considered to release Hizbullah on bail.
Accordingly, Hejaaz Hizbullah was ordered to be released on a cash bail of Rs.100,000 with two sureties of Rs.500,000.
He was ordered to report to the DIG or SSP of Puttalam Police Division every second and fourth Sunday of every month between 9.00 am to 3.00 pm. His Passport was ordered to be surrendered to the High Court of Puttalam.
On January 28, an application made by the defence requesting to release Attorney-at-law Hejaaz Hizbullah on bail was rejected by Puttalam High Court.
The High Court Judge Kumari Abeyrathne refused to grant bail citing that she has no jurisdiction to grant bail under the Prevention of Terrorism Act.
This revision application had been filed on behalf of Attorney-at-law Hejaaz Hizbullah seeking an order to release him on bail.
An indictment under the Prevention of Terrorism Act and the International Covenant on Civil and Political Rights (ICCPR) Act has now been served on Hejaaz Hizbullah. According to the indictment, Hizbullah is accused of making certain statements to students in contravention of these laws.
Hizbullah is charged under the Prevention of Terrorism Act. He was arrested in April 2020.
Romesh de Silva PC with Niran Anketell and Shanaka Cooray instructed by Sanath Wijewardena appeared for Hejaaz Hizbullah.
Additional Solicitor General Rohantha Abeysuriya PC with Senior State Counsel Lakmini Girihagama represented the Attorney General.