Release of Wasantha Mudalige AG files revision application challenging legality of Magistrate’s decision

• Wasantha Mudalige was ordered to be released on January 31

By Lakmal Sooriyagoda

The Attorney General has filed a revision application in Colombo High Court challenging the legality of the order issued by Colombo Chief Magistrate to release Convener of Inter-University Students’ Federation (IUSF) Wasantha Mudalige from a case filed for allegedly committing offences under the Prevention of Terrorism Act (PTA).  

Through this revision application, the Attorney General is seeking an order to set aside the order dated January 31, 2023, delivered by Colombo Chief Magistrate to release Wasantha Mudalige from PTA charges.   The Attorney General maintained that the Magistrate’s Court has no jurisdiction to release an individual who had been arrested under the provisions of PTA. The Attorney General further said the Magistrate’s Court had released the suspect prior to the Attorney General’s advice is received.

On January 31, Wasantha Mudalige was ordered to be released from the case after spending five months in incarceration.   Wasantha Mudalige was arrested on August 18, 2022 under the PTA for 90 days under a Detention Order issued by President Ranil Wickremesinghe in his capacity as the Minister of Defence.   The Chief Magistrate Prasanna Alwis held that charges levelled under sections 2 and 3 of the PTA are not applicable to Wasantha Mudalige. The Magistrate further observed there is no evidence to support that Wasantha Mudalige had been involved in terrorist activities as alleged by the prosecution. The Chief Magistrate further alleged that the prosecution has created evidence to misuse the provisions of PTA with the motive of keeping the suspect behind the bar for a long period of time.