SC orders to produce Wasantha Mudalige before a Magistrate

By Lakmal Sooriyagoda   

The Supreme Court yesterday issued an interim order directing the authorities to immediately produce Convener of Inter University Students’ Federation (IUSF) Wasantha Mudalige before a Magistrate in terms of the law. Mudalige is currently detained under Prevention of Terrorism Act.  

Supreme Court two-judge-bench comprising Justices Vijith Malalgoda and S. Thurairaja further decided to grant leave to proceed with the Fundamental Rights petition for violating fundamental rights guaranteed under Article 12(1), 13(1) and 13(2) of the constitution.   The Court further issued an order directing the respondents to produce Mudalige for an examination by Judicial Medical Officer (JMO) without any delay.   The Supreme Court further issued an order permitting the lawyers representing Mudalige and his family members to forthwith have reasonable access to visit the detainee.  

Meanwhile, the Supreme Court permitted to add Western Province Senior DIG Deshabandu Tennakoon as a respondent in this Fundamental Rights petition.   
President’s Counsel Saliya Pieris appearing for the rights of Wasantha Mudalige sought court’s permission to make Senior DIG Deshabandu Tennakoon as the seventh respondent in the petition since his conducts are tantamount to the violation of the Fundamental Rights of the detainee who was arrested without cogent evidence to be charged under PTA for alleged involvement in terrorism. The Court was informed that Senior DIG Tennakoon had sent a letter requesting the Secretary to the Ministry of Defense to detain Wasantha Mudalige for alleged involvement in terrorism without sufficient materials. It was further revealed that Senior DIG Tennakoon had sent the letter without going through the Inspector General of Police thereby violating the due process.   
Deputy Solicitor General Madhawa Tennakoon appearing for the Attorney General submitted to court that it has been a practice to obtain detention order by police taking into account practical difficulties and urgent requirements.  

Justices Vijith Malalgoda and S. Thurairaja observed that the authorities have to act as per the procedure laid down in the law and held that these practices should not continue without making amendments to the relevant provisions. The Supreme Court further observed that until now, there is not an iota of evidence placed before Court to support the detainee’s involvement in terrorist activities.   Justice Malalgoda observed that charging an individual under PTA should be the last resort based on concrete evidence. Who will take responsibility for the detainee’s detention period if he proves his innocence? Justice Malalgoda questioned.   

The Court fixed the petition for inquiry to be taken up on January 31 next year.   Meanwhile, the Fundamental Rights petitions filed on behalf of Ven. Welwewa Siridhamma Thera and Hashan Jeewantha Gunathilake, the undergraduates of University of Sri Jayawardenepura and University of Kelaniya respectively were yesterday fixed for December 13 by Supreme Court. They are also challenging their detention under PTA.   President’s Counsel Saliya Pieris appeared for Wasantha Mudalige. President’s Counsel M.A. Sumanthiran appeared for Ven.  Welwewa Siridhamma Thera. Deputy Solicitor General Madhawa Tennakoon with Senior State Counsel Shaminda Wickrema appeared for the Attorney General.