SC rules Sarath Weerasekara, CID violated Azath Salley’s Fundamental Rights

Colombo, Dec 12 (Daily Mirror) - The Supreme Court today declared that the fundamental rights of former Governor of the Western Province Azath Salley had been violated by former Minister of Public Security Sarath Weerasekara and two CID officers through his arrest and detention in 2021.

With Justice Gamini Amarasekara and Justice Mahinda Samayawardhena agreeing, Justice Priyantha Fernando declared that the fundamental rights that have been guaranteed to the petitioner in terms of Articles 12(1), 13(1) and 13(2) of the Constitution have been violated by the two CID officers.

The State was ordered by the Supreme Court to pay Rs. 75,000 to the petitioner due to the arbitrary acts of the former Director of CID Nishantha de Zoysa, Chief Inspector Jayantha Payagala and former Minister Sarath Weerasekara.

The petitioner was arrested and detained for allegedly committing offences under the Prevention of Terrorism Act (PTA) and the International Covenant on Civil and Political Rights (ICCPR) Act, over a controversial statement he had made on March 9, 2021.

The Supreme Court observed that a detention order that has not been obtained properly is illegal and this would inevitably mean that detaining the petitioner on such an illegal detention order without being produced before a Magistrate is contrary to Article 13(2) of the Constitution.

The petitioner stated that he addressed a media conference held on March 9 stating that the affairs of the Muslim people of Sri Lanka should be governed in accordance with the Muslim law.
 
The petitioner states that following the media conference relating to this incident, he was arrested by the CID under the Prevention of Terrorism Act (PTA). He denied the allegations that he was involved in the Easter Sunday bomb attacks. 
 
Faisz Musthapha, PC with Maithri Gunaratne, PC and Keerthi Tilakaratne, Bishran Iqbal instructed by Tharmarajah Tharmaja appeared for the Petitioner. Additional Solicitor General Dileepa Pieris appeared for the Attorney General.