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Easter Sunday case: AG asked to consider consenting to bail for accused in remand for over four years

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The Supreme Court has asked the Attorney General to consider consenting to bail for the High Court Trial-at-Bar accused, held in remand for over four years in connection with the 2019 Easter Sunday carnage. The SC said so when two appeals filed by the AG from an order of the Court of Appeal came up. The AG has appealed against the order of the Court of Appeal overruling the preliminary objections of the Additional Solicitor General raised in the Court of Appeal.

The Supreme Court bench comprising Justice Murdu Fernando PC, Justice A.H.M.D. Nawaz and Justice Priyantha Fernando re-fixed the appeals for argument on 13th October 2023. The appeals related to two accused in the High Court Trial at Bar who had applied for bail from the Court of Appeal under the original jurisdiction provisions vested in the Court of Appeal by Article 138(2) of the Constitution.

Earlier M. M. Zuhair PC, appearing for the two accused, submitted that they had no previous convictions and that four and a half years was an excessively long period of incarceration depriving the accused of a fair trial. He said the Attorney General had unreasonably withheld consent to bail, punishing the accused even before any trial had commenced and violating the presumption of innocence laid down as a fundamental right.

He told the Supreme Court the presiding High Court Trial at Bar Judge had also asked the prosecution at one of the sittings, as to how long more the prosecution was trying to keep the accused in the case in remand!

Additional Solicitor General Harippriya Jayasundara PC appearing for the appellant submitted that it was a case under the Prevention of Terrorism Act and that all 25 accused in the case had applied for bail in the High Court TAB under the PTA Amendment Act of 2022. The High Court refused bail having noted the absence of the AG’s consent to bail. The Addl. SG told Court that instead of appealing to the Supreme Court, the two accused had gone to the Court of Appeal and in the circumstances the Court of Appeal had no jurisdiction to grant bail.

Justice A. H. M. D. Nawaz queried what the position of the AG on the matter was and how the Additional Solicitor General in the case was taking up that argument when another Additional SG from the same Department was arguing against those submissions, in another case! Justice Murdu Fernando suggested that the AG consider consent to bail and re-fixed the cases.

Jayasundara PC, Additional SG with Akila Dalpathadu SC, Shakthi Jagoda Araachchi SC and Sajith Bandara SC appeared for the appellant.

Zuhair, PC with Rizwan Uvais AAL and Bushra Rizvi Ziyard AAL appeared for the respondents.



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Geneva takes up Sallay’s case and govt. ignores opportunity to answer accusations

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Suresh Sallay

The government has chosen not to respond to questions raised by the United Nations Human Rights Council (UNHRC) regarding the detention of retired Maj. Gen. Suresh Sallay in connection with the ongoing investigations into the 2019 Easter Sunday attacks.

The Criminal Investigation Department (CID) arrested the ex-official in late February this year. The Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, the Working Group on Arbitrary Detention, the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health and the Special Rapporteur on the independence of judges and lawyers have jointly raised the issue on 20 July, 2026.

Drawing attention of President Anura Kumara Dissanayake to what they called alleged arbitrary detention of Sallay, former Director General of the State Intelligence Service (SIS) and former Director of Military Intelligence (DMI), under the Prevention of Terrorism Act (PTA), as well as allegations of torture and other cruel, inhuman or degrading treatment while in custody, resulting in the grave deterioration of his health, and imminent risks of retaliation through further torture and ill-treatment resulting in irreparable harm, should he be released from hospital and returned to custody, the UN sought the government explanation with a 60-day period.

The UN has stated: “This communication, and any response received from your Excellency’s Government, will be made public via the communications reporting website at the 60 days mark. Should your Excellency’s Government respond within 60 days, both the communication and the response, may be published before the 60 days mark. The communications and responses

will also be made available in the subsequent periodic report to be presented to the Human Rights Council.”

In the absence of the government’s response, the UN posted the letter, dated 20 July, 2026, addressed to President Dissanayake. The full letter can be accessed https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=31125

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Section of wartime KKS High Security Zone vacated to facilitate economic development in the area

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The Army, last week, vacated an area, within the wartime high security zone in the Jaffna peninsula. The Defence Ministry said that an extent of 187.56 acres of land, belonging to the Cement Corporation in Kankesanthurai, Jaffna, has been released by the military. The released land, located in Grama Niladhari Division J/233, Kankesanthurai West, within the Valikamam North (Tellippalai) Divisional Secretariat Division, had been utilised by the Sri Lanka Army since the middle of 1997.

The release of the 187.56-acre extent forms part of the initiative to make State land available for the proposed investment zone in Kankesanthurai, thereby facilitating future investment and economic development in the area.

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Lawyer lodges complaint against Govt. Printer, Media Ministry Secy.

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A complaint has been lodged with the Colombo Fraud Investigation Bureau against the Government Printer and the Secretary to the Ministry of Media regarding the online release of falsified documents bearing a forged Speaker’s certificate.

Attorney-at-Law Aruna Laksiri has lodged a complaint with the Colombo Fraud Investigation Bureau requesting legal action against the Government Printer of the Department of Government Printing (No. 118, Dr. Danister de Silva Mawatha, Colombo 08), Prasanna Jayaratne, and the Secretary to the Ministry of Mass Media (Asidisi Medura, 163, Kirulapone Mawatha, Polhengoda, Colombo 05), Dr. Anil Jasinghe.

The complaint alleges the commission of offences by forging and uploading falsified documents online using a forged Speaker’s certification, failure to perform statutory duties, and misappropriation of public property.

The complaint states that a copy of the English translation of the 22nd Amendment to the Constitution was downloaded and printed from the official website of the Government Printing Department (www.documents.gov.lk), which operates under the Ministry of Mass Media. On its outer cover and on page 1, the text “certified on 25th of September, 2026” is inscribed inside brackets.

The complaint pointed out that the Speaker has certified an English translation. Under Articles 23, 79, 83, and 80 of the Constitution, Parliament enacts laws and the Speaker certifies bills strictly in the Sinhala and Tamil languages; under the Constitution, therefore the Speaker cannot apply such certification to an English translation.

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