Appeal Court dismisses Harak Kata’s Writ petitions against PTA indictment

• Petitioner alleges that the Attorney General had issued the indictment prematurely, based on incomplete investigations

by Lakmal Sooriyagoda  

A writ petition filed by alleged drug kingpin Nadun Chinthaka Wickramaratne, alias ‘Harak Kata,’ challenging the legality of the indictment filed by the Attorney General under the Prevention of Terrorism Act (PTA), has been dismissed by the Court of Appeal.  

The Attorney General filed an indictment against three accused, including Harak Kata, under the PTA for allegedly assaulting an STF officer and a CID officer who were deployed for security on September 10, 2023, while being detained and attempting to escape from custody.  

The Court of Appeal two-judge bench, comprising Justices Sobhitha Rajakaruna and Mahen Gopallawa, held that there was no reason to interfere with the prosecutorial discretion exercised by the Attorney General in relation to the indictment or the detention order.  

The petitioner, Harak Kata, is currently being held by the Counter Terrorism and Investigation Division (CTID) at the old prison in Tangalle under an order issued in accordance with Section 15A(1) of the PTA. The petitioner sought a mandate in the nature of a writ of certiorari to quash the indictment and the detention order.  

The petitioner alleged that the Attorney General had issued the indictment prematurely, based on incomplete investigations, and therefore, no valid indictment existed before the High Court.  

However, the Court of Appeal observed that the petitioner failed to provide substantive evidence to demonstrate that the Attorney General’s decision to issue the impugned indictment involved procedural irregularities, abuse of process, or any miscarriage of justice.  

Counsel Amila Palliyage with Sanjaya Ariyadasa, Sandeepani Wijesooriya Savani Udugampola, Lakitha Wakishta Arachchi and Subaj de Silva appeared for the Petitioner. Deputy Solicitor General Suharshi Herath with State Counsel Ishara Madarasinghe appeared for the Attorney General.