President’s Counsel Sanjeewa Jayawardena told the Court of Appeal that the Criminal Investigation Department (CID) had sent a team to Paris to obtain a statement from Azad Moulana, a fugitive from Sri Lankan law and seeking political asylum in Europe, regarding the 2019 Easter Sunday case, though he was a person critical of the Sri Lankan judiciary. Jayawardena, questioned how a statement given by such a person can be relied upon.

Pointing out that the recording of the statement had been done at the Sri Lankan Embassy, in Paris, Jayawardena denied Moulana’s much publicised claim that Maj. General Suresh Sallay had met a group, linked to Zahran Hashim, in Wanathawilluwa, in February 2018.

The PC stressed that Sallay had not been in Sri Lanka at the time.

The declaration was made during the hearing of a writ petition filed by Sallay, challenging his arrest and detention under the Prevention of Terrorism Act (PTA). in connection with investigations into the 2019 Easter Sunday terror attacks.

Submissions from the petitioner’s side, which continued for seven days, were concluded on Tuesday (21), before a bench comprising Court of Appeal President Justice Rohantha Abeysooriya and Justice Priyantha Fernando.

In his submissions, Jayawardena said that Sallay, in his capacity as head of the Directorate of Military Intelligence (DMI), in 2016, had briefed the National Security Council (NSC) on the growing threat posed by the Islamic extremism and ISIS ideology in Sri Lanka but a senior member of the Council opposed the submissions.

The Counsel said the DMI had investigated a Sri Lankan national linked to ISIS, killed in an air strike in Syria. That investigation led Sallay to prepare a “concept paper” outlining measures to combat Islamic extremism and had proposed establishing a task force to address the issue.

Those recommendations had been presented to then Secretary to the Ministry of Defence K. Hettiarachchi. However, a senior member of the Security Council had expressed dissatisfaction with Sallay’s warnings regarding Islamic extremism.

The Counsel said that the matter had been referred to in evidence given before the Presidential Commission of Inquiry (PCoI), headed by Justice Janak de Silva. Mooted by former Army Commander General Crishanthe de Silva, who had indicated that the response within the Security Council had affected the progress of measures proposed by Sallay.

The Defence Counsel also asserted that Sallay had been removed from the Army Intelligence Directorate and appointed to a diplomatic posting in Malaysia, about two months later, due to political reasons.

Questioning the allegations against his client, President’s Counsel Jayawardena told court that an individual, who had raised concerns about Islamic extremism, could not be described as the mastermind behind the Easter Sunday attacks.

He questioned how the threat of extremism could be addressed if intelligence officers involved in investigating such activities were themselves being remanded.

Referring to evidence submitted before the Supreme Court, Jayawardena said former State Intelligence Service Director Nilantha Jayawardena had stated in an affidavit that he had sent a WhatsApp message regarding the planned Easter Sunday attacks to the then Senior Deputy Inspector General of Police, Ravi Seneviratne, on the evening before the attacks.

He also claimed that Ravi Seneviratne had informed the Janak de Silva Commission that the CID was aware of the extremist activities of Zahran Hashim and his followers; he asked why preventive action had been taken.

The President’s Counsel argued that Sallay’s personal background contradicted allegations that he was involved in attacks against Christian places of worship.

He told court that Major General Suresh Sallay’s mother was a Christian, that she had attended a church in Nugegoda, on the day of the Easter Sunday attacks, and that Sallay himself regularly attended St. Anthony’s Church with his mother.

Following the conclusion of the petitioner’s submissions, Deputy Solicitor General Suharshi Herath, appearing for the Attorney General, told court that preliminary objections would be raised against the petition.

The Court of Appeal directed that those objections be submitted on July 27.

The Sinhala journal, Neetiya, was launched at the Sri Lanka Law College recently in the presence of Attorney General Parinda Ranasinghe, PC, the President of the Bar Association of Sri Lanka, Rajeev Amarasuriya, and Prasantha Lal de Alwis, PC, Principal of the Law College.

Professor G. L. Peiris, speaking on the occasion, complimented academic, senior lawyer and Principal of the Law College of Sri Lanka Prasantha Lal de Alwis on the expansion of the activities of the institution under his leadership. No longer confined to classroom instruction, his dynamic approach has made it possible for a vast array of literary, cultural, and other activities to be organized at the Law College every week. This has infused new life and energy into a hallowed institution with a proud history.

The Sinhala journal, first published in 1958, had a chequered history, and uninterrupted publication was unfortunately not possible. However, it was revived in 2024 and is today serving a crucial purpose.

He said that the journal offers an incentive to analytical writing on a variety of legal subjects, with the emphasis on new and rapidly developing areas like Artificial Intelligence. Informed criticism of judicial decisions and contribution to the legislative process should be a vital function of an institution like the Law College, he commented.

Professor Peiris announced that he would shortly arrange for the royalties to which he was entitled as author of more than ten books on the laws and legal systems of Sri Lanka, to be paid into a Trust Fund to be used for research and other academic initiatives at the Faculty of Law, University of Colombo, and the Law College. He said that the proposed Trustees would be the Vice-Chancellor of the University of Colombo, the Principal of the Law College, and the Dean of the Facu lty of Law in the University of Colombo.

In our front-page lead story ‘Customs asked to resume probe or face legal action’ we inadvertently carried a photograph of retired Air Vice Marshal Sagara Kotakadeniya instead of Director General of Customs Wimal S.K. Liyanagama who is referred to in the report.

We regret the error.