News
President Rajapaksa had no hand in revoking detention of Riyaj- Counsel
Easter carnage
By Chitra Weerarathne
President’s Counsel Sanjeewa Jayawardena, yesterday, told the Court of Appeal that the President had never had any hand in revoking any detention order issued against Riyaj Bathiudeen, the brother of Rishad Bathiudeen.
At the outset Faiz Mustapha PC, who appeared for the petitioner Riyaj Bathiudeen told the Court of Appeal that the petitioner had not been involved in terrorist activity, according to investigation reports of recent times. Petitioner was entitled to resist wrongful arrest. It was not a case of hiding. It was avoiding wrongful arrest. There was no responsible suspicion for the arrest of Riyaj. There was no basis to arrest him originally or now. The only basis was a telephone conversation with an Islamic extremist who had attempted to bomb the Cinnamon Grand Hotel. The calls had been business oriented and nothing else. The mobile phone used by Riyaj, had been linked to so many other phones on miscellaneous deals.
Riyaj had received telephone calls on the export of copper, which was a business deal. No basis at all for the arrest of Riyaj Bathiudeen. Attempts should not be made to arrest Riyaj on incomplete investigations, the Counsel said.
Sanjeewa Jayawardena, PC appeared for the intervention against the writ application by Riyaj Bathiudeen. One is by the Reverend Father Lawrence Ramanayke and the other by another concerned party counsel.
The President had assured that at no time he had said that he had a hand in the revoking of any detention order against Riyaj, Counsel explained. Riyaj Bathiudeen has had several phone calls with the brother of the person who attempted to bomb the Hotel, in 2019. The counsel said hundred members of Parliament in September 2020 complained to the President that the Investigations against Riyaj had not been properly conducted. They said any detention order against him should not be revoked. The security of the People was vital.
There were photographs of Riyaj sitting together with Zahran, the NTJ Leader, counsel added.
The Additional Solicitor General Sarath Jayamanna, PC, told the Court of Appeal that on September 19, 2020, Riyaj had withdrawn his fundamental rights violation petition against state officials. On September 22, Riyaj withdrew his Habeas Corpus application against state officials. Hence no litigation remained over any type of harassment. The bombings were the most deadly act committed on April 21, 2019, which killed so many persons, all over the country. When evidence surfaced people had to be arrested, the ASG said.
The ASG explained that the family had acquired assets by money laundering. The accounts of Riyaj and his wife were huge and unbelievable.
The arrest would be completed at the end of the on-going investigation. The writ application, at this stage was premature, he added. The Attorney General had only ordered that investigations be conducted where necessary, ASG Jayamanne added.
Riyaj Bathiudeen had filed a writ application in the Court of Appeal, requesting the Court to prevent his likely arrest by the CID. He had said it was baseless to arrest him. Rev. Father Lawrence Ramanayake, of ‘Sethsevana’ Archbishop’s House, Borella, Colombo had filed an Intervention, objecting to the writ application by Riyaj Bathiudeen. The priest has said that Riyaj was a suspect as regards the Easter Sunday attacks of April 21, 2019. Those suicide blasts killed 256 persons and injured 500 others.
Sanjeewa Jayawardena, PC, appeared with Rukshan Senadheera and Maneesha Dissanayake, instructed by Sanjay Fonseka for the intervenient.
The bench comprised Justice Mahinda Samayawardene and Justice Arjuna Obeysekera. The Court of Appeal reserved the order on whether to issue notice on the respondent police officers and to grant interim relief for Riyaj Bathiudeen for October 21, 2020.
News
Govt. assures UN of readiness to introduce ‘vetting process’ for troops on overseas missions
Defence Secretary (retd.) Air Marshal Sampath Thuyakontha has discussed with UN officials in New York the deployment of Sri Lankan troops in Haiti, under a new UN authorised force, tasked with tackling heavily armed gangs operating in the violence ravaged country.
The UN is in the process of building up a force comprising approximately 5,500 officers and men for deployment in Haiti.
The Sri Lankan delegation included Sri Lanka’s Permanent Representative to the UN, former Chief Justice Jayantha Jayasuriya. The UN has tagged the deployment Gang Suppression Force (GSF).
According to the Defence Ministry, Sri Lanka negotiated a Memorandum of Understanding (MoU) regarding the GSF. Although Sri Lanka has contributed to UN-led missions, the proposed deployment differed due to the nature of the operation, sources told The Island.
The delegation has assured that all personnel, assigned for UN missions, including the proposed GSF deployment in Haiti, would be subjected to a comprehensive screening process, in line with UN standards. War-winning Sri Lanka has declared, in New York, that the country was in the process of developing, what the Defence Ministry here called, National Human Rights Vetting Mechanism in consultation with the UN Resident Coordinator in Colombo.
The US has backed the deployment of Sri Lankan troops under UN command. Various interested parties, over the years, protested against the deployment of Sri Lankan troops on the basis of unsubstantiated war crimes allegations.
Thuyakontha has assured that troops would maintain highest standards of discipline during overseas missions. Sri Lanka brought the war here to a successful conclusion in May 2009 against predictions of contrary outcome by so-called experts.
The US and Panama proposed the GSF to replace a Kenya-led multinational force undermined by a lack of funding. Its strength hovered around 1,000, rather than the desired 2,500. The U.N. Security Council authorised the 5,500 strong force on September 30, 2025, with the new power to arrest gang members.
By Shamindra Ferdinando
News
Lawyers cannot be denied right to represent a suspect – Udaya
Sallay’s case:
Attorney-at-law Udaya Gammanpila yesterday (27) said a lawyer could not be deprived of his or her right to represent a client.
The former Minister and leader of Pivuthuru Hela Urumaya (PHU) Gammanpila said so addressing the media at the party headoffice at Pita Kotte. Gammanpila was responding to recent media reports that he had been prohibited from representing retired State Intelligence Service (SIS) Chief Maj. Gen. Suresh Sallay. Therefore, there was absolutely no basis for claims that he had been barred from meeting the retired officer, now named the third suspect in the Easter Sunday case, the ex-parliamentarian said.
Gammanpila emphasised that in terms of the Constitution a suspect’s right to be represented by a lawyer was recognised as a fundamental right. The Criminal procedure Code, too, guaranteed the suspect’s right to consult a lawyer, the ex-lawmaker said, pointing out that the Judicial Organisation Act underscored the same.
Declaring that the retired officer’s wife had named him as Sallay’s lawyer in a letter addressed to Director, CID, Gammanpila said that the courts, police and the Attorney General’s Department couldn’t under any circumstances interfere with his right to represent Sallay.
The CID arrested Sallay on 25 February and detained him under Prevention of Terrorism Act (PTA) for a period of 90 days. Sallay has filed a writ petition before the Court of Appeal through his lawyers, challenging his arrest and detention by the CID under the PTA.
Former Minister Gammanpila said that even if a Magistrate had the power to prohibit a lawyer from representing a particular suspect, such a course of action couldn’t be resorted to without giving the lawyer concern an opportunity to explain his/her actions.
Declaring that in case of misconduct on the part of a lawyer only the Supreme Court could take disciplinary action, the PHU leader said, adding that he sought a certified copy of the proceedings of the day when a section of the media reported the Magistrate’s declaration of the purported ban. Gammapila said that he was really keen to know what happened during the proceedings on that day.
Sallay served as Director, Directorate of Military Intelligence (DMI) from 2012 to 2016 and received the appointment as head of SIS following the 2019 presidential election. Sallay held that appointment till early October, 2024.
Gammanpila said that he couldn’t be barred for speaking to the media after meeting Sallay, currently held under PTA, or for authoring a book on the 2019 Easter Sunday carnage. According to Gammanpila as long as the suspect had no objections to his lawyer sharing some information with the media it shouldn’t be an issue for Additional Solicitor General Dileepa Peiris.
By Shamindra Ferdinando
News
Police seek Interpol help to probe monks nabbed with narcotics at BIA
Police investigating the thwarted a bid made by 22 Buddhist monks to smuggle in narcotics, with a street value of Rs 660 mn via BIA, from Thailand, over the weekend, believe the monks who organised the clandestine operation had sent groups of monks to Thailand before.
Sources said that they had brought in narcotics on earlier occasions.
Police have seized the mobile phones used by the suspects and sought INTERPOL assistance.
Earlier, the Negombo Magistrate’s Court remanded those 22 monks, arrested in connection with the largest drug bust in the airport’s history.
The monks were produced before the Negombo Magistrate’s Court and ordered to be held in custody until 02 May, as investigations continue into the alleged smuggling operation and any wider networks involved.
However, other sources said that more than 110 kilogrammes of suspected Kush and Hashish, with an estimated street value exceeding Rs 1.1 billion, had been found, concealed in false-bottoms of their suitcases. The bags reportedly packed with school supplies and sweets are said to have contained over five kilogrammes of narcotics per individual.
The arrests followed a raid by the Police Narcotics Bureau on Saturday night. Investigators have also recovered mobile phone evidence indicating that the group had travelled to Bangkok on 22 April using airline tickets allegedly given by a sponsor. Authorities allege that the suspects were photographed in civilian clothing, while overseas, engaging in activities deemed suspicious.
Police say this marks the first reported instance of a large-scale narcotics operation via the airport involving Buddhist monks. The suspects are young monks from different parts of the country.
By Norman Palihawadana
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