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Sabry questions rationale behind Ravi, Shani supervising Easter Sunday carnage probe after filing FR petitions to prevent their own arrest over same terror attacks
President’s Counsel Ali Sabry has told the Court of Appeal that two respondents in a petition filed by Col. Kelum S. Maddumage to prevent his arrest in connection with the ongoing 2019 Easter Sunday carnage investigation––namely, Public Security Ministry Secretary Ravi Seneviratne (retired SDIG) and retired CID Director Shani Abeysekara–– had previously filed fundamental rights petitions in the Supreme Court to prevent their own arrests over the same attacks.
Sabry pointed out that the Attorney General had given an undertaking to the Supreme Court, on 20 October, 2024, that Seneviratne and Abeysekera wouldn’t be arrested.
Sabry said so appearing for Col. Maddumage, formerly of the Directorate of Military Intelligence (DMI) and current Commanding Officer of the Diyatalawa Military Academy.
The Court of Appeal extended the interim injunction against the arrest of Col. Maddumage till 11 November. The two-judge bench, consisting of Court of Appeal President Justice Rohan Abeysooriya and Justice Priyantha Fernando, issued the order on Tuesday (21) after having considered a writ petition filed by the ex-DMI officer.
Deputy Solicitor General Suharshi Herath, who appeared for the respondents, asked the two-judge bench to lift the ex parte interim injunction that prevented the serving officer’s arrest.
Sabry emphasised that there is no evidence whatsoever to arrest the officer.
The counsel for petitioner questioned the rationale in those who had been under investigation for the lapses on the part of police in the run up to the Easter Sunday attacks supervising the investigations. Declaring that the victims of the Easter Sunday carnage wanted the truth, Sabry alleged that the investigation has now turned into a political game.
Sabry told court that DMI had provided information 11 days before the Easter attack that such an attack was imminent, and Indian intelligence also provided detailed information about the locations and individuals involved. The PC accused the police of being inefficient, thereby paving the way for the attack.
The President’s Counsel, who had also served as the Foreign Minister, pointed out that the current investigation had been based on an unsubstantiated statement made by one Azad Maulana to the UK’s Channel 4. Emphasising that the Channel 4’s source had fled Sri Lanka and was seeking political asylum in Switzserland, the PC said that a commission, headed by Supreme Court Justice Imam that investigated Maulana’s claims, unanimously concluded that the claims had no basis or validity.
At this point, the President of the Court of Appeal asked the Deputy Solicitor General if there was an intention to arrest the petitioner. She replied that the decision to arrest, or not, rests with the investigating officers.
However, she stated that the CID had submitted a 68-page detailed “B report” to the Fort Magistrate’s Court, on 22 July, which includes extensive evidence summaries, including investigative information about the petitioner.
She informed the court that the petitioner is being investigated in connection with an incident where, in December 2018, information was allegedly provided to mislead investigators that the murder of two police officers in Vavunathivu was carried out by the LTTE.
Consequently, two former LTTE members were arrested and detained for investigation. However, investigations conducted after the Easter Sunday attack revealed that the police officers’ murders were carried out by Zahran’s group, the Deputy Solicitor General said. The first arrest had been made by the Vavunathivu police on the same day the two police personnel were killed.
In response, President’s Counsel Ali Sabry stated that it was initially believed the LTTE was responsible for the Vavunathivu murders. Sabry said that it was the police, not the petitioner, who first arrested the two former LTTE members and obtained detention orders from the Secretary of Defence to investigate them.
The PC reiterated that such politically motivated investigations will not allow the victims to find out the truth and that his client, an experienced Army intelligence officer, is being made a scapegoat.
The first clear information that Zahran Hashim’s group had carried out the Vavunathivu killings was received by the DMI (Batticaloa) on 09 April, 2019, and the CID informed of the development on 12 April, 2019, through proper channels.
By Shamindra Ferdinando
Latest News
Landslide Early Warnings issued to the Districts of Kandy and Nuwara Eliya
The Landslide Early Warning Center of the National Building Research Organisation [NBRO] has issued landslide early warnings to the districts of Kandy and Nuwara Eliya valid from 06:00 hrs on 13.02.2026 to 06:00 hrs on 14.02.2026
Accordingly,
Level II [AMBER] landslide early warnings have been issued to the Divisional Secretaries Divisions and surrounding areas of Walapane and Nildandahinna in the Nuwara Eliya district.
Level I [YELLOW] landslide early warnings have been issued to the Divisional Secretaries Divisions and surrounding areas of Pathahewheta in the Kandy district.
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Former Minister Professor Tissa Vitharana has passed away at the age of 91
Former Minister Professor Tissa Vitharana has passed away at the age of 91, according to family sources
News
GL: Proposed anti-terror laws will sound death knell for democracy
‘Media freedom will be in jeopardy’
Former Minister of Justice, Constitutional Affairs, National Integration and Foreign Affairs Prof. G. L. Peiris has warned that the proposed Protection of the State from Terrorism Act (PSTA) will deal a severe blow to civil liberties and democratic rights, particularly media freedom and the overall freedom of expression.
Addressing a press conference organised by the joint opposition alliance “Maha Jana Handa” (Voice of the People) in Colombo, Prof. Peiris said the proposed legislation at issue had been designed “not to protect people from terrorism but to protect the State.”
Prof. Peiris said that the proposed law would sound the death knell for the rights long enjoyed by citizens, with journalists and media institutions likely to be among those worst affected.
Prof. Peiris took exception to what he described as the generous use of the concept of “recklessness” in the draft, particularly in relation to the publication of statements and dissemination of material. He argued that recklessness was recognised in criminal jurisprudence as a state of mind distinct from intention and its scope was traditionally limited.
“In this draft, it becomes yet another lever for the expansion of liability well beyond the properly designated category of terrorist offences,” Prof. Peiris said, warning that the elasticity of the term could expose individuals to prosecution on tenuous grounds.
Prof. Peiris was particularly critical of a provision enabling a suspect already in judicial custody to be transferred to police custody on the basis of a detention order issued by the Defence Secretary.
According to the proposed laws such a transfer could be justified on the claim that the suspect had committed an offence prior to arrest of which police were previously unaware, he said.
“The desirable direction of movement is from police to judicial custody. Here, the movement is in the opposite direction,” Prof. Peiris said, cautioning that although the authority of a High Court Judge was envisaged, the pressures of an asserted security situation could render judicial oversight ineffective in practice.
Describing the draft as “a travesty rather than a palliative,” Prof. Peiris said the government had reneged on assurances that reform would address longstanding concerns about existing counter-terrorism legislation. Instead of removing objectionable features, he argued, the new bill introduced additional provisions not found in the current Prevention of Terrorism Act (PTA).
Among them is a clause empowering the Defence Secretary to designate “prohibited places”. That was a power not contained in the PTA but previously exercised, if at all, under separate legislation such as the Official Secrets Act of 1955. Entry into such designated places, as well as photographing, video recording, sketching or drawing them, would constitute an offence punishable by up to three years’ imprisonment or a fine of up to Rs. 3 million. Prof. Peiris said. Such provision would have a “particularly chilling effect” on journalists and media personnel, he noted.
The former minister and law professor also criticised the breadth of offences defined under the draft, noting that it sought to create 13 categories of acts carrying the label of terrorism. This, he said, blurred the critical distinction between ordinary criminal offences and acts of terrorism, which require “clear and unambiguous definition with no scope for elasticity of interpretation.”
He cited as examples offences such as serious damage to public property, robbery, extortion, theft, and interference with electronic or computerised systems—acts which, he argued, were already adequately covered under existing penal laws and did not necessarily amount to terrorism.
Ancillary offences, too, had been framed in sweeping terms, Prof. Peiris said. The draft legislation, dealing with acts ‘associated with terrorism,’ imposed liability on persons “concerned in” the commission of a terrorist offence. “This is a vague phrase and catch-all in nature.” he noted.
Similarly, under the subheading ‘Encouragement of Terrorism,’ with its reference to “indirect encouragement,” could potentially encompass a broad spectrum of protest activity, Prof. Peiris maintained, warning that the provision on “Dissemination of Terrorist Publications” could render liable any person who provides a service enabling others to access such material. “The whole range of mainstream and social media is indisputably in jeopardy,” Prof. Peiris said.
Former Minister Anura Priyadarshana Yapa and SLFP Chairman Nimal Siripala de Silva also addressed the media at the briefing.
by Saman Indrajith ✍️
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