• Released on a cash bail of Rs.100,000 with two sureties of Rs.500,000

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.       

• 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