• Petitioner further stated that the Detention Order is contrary to the established principles of law

By Lakmal Sooriyagoda 

A lawyer appearing on behalf of the Convener of Inter-University Students’ Federation (IUSF)  Wasantha Mudalige yesterday filed a Fundamental Rights petition in the Supreme Court challenging the legality of the detention order issued against Mudalige under the Prevention of Terrorism Act (PTA).

Attorney-at-law Manjula Balasooriya has filed this petition on behalf of Wasantha Mudalige and he is seeking a declaration that the arrest and detention of Mudalige is unlawful. Through this application, the petitioner is challenging the legality of the arrest of Wasantha Mudalige on August 18, 2022, his detention between August 18 and August 22 and thereafter his detention under a Detention Order issued by President Ranil Wickremesinghe in his capacity as the Minister of Defence. The petitioner is further seeking an interim order to produce the detainee before a Magistrate’s Court in terms of the law. The petitioner has named IGP Chandana Wickremaratne, CID Director Kavinda Piyasekera, Director of TID Prasanna Alwis, Attorney General and several others as respondents.
The petitioner said the initial arrest of the detainee has been made in breach of the procedure established by law, including the mandatory provisions of the ordinary criminal law and the PTA.  The petitioner is of the view that the detention order has been issued by the Minister of Defence taking into account irrelevant considerations and without considering relevant considerations. The petitioner further stated that the Detention Order is contrary to the established principles of law.  The petitioner further alleged that the detainee is being deprived of his right to freely access and communicate with his lawyers.