Court orders police to produce Tamil trader under normal law
[TamilNet, Friday, 27 July 2007, 11:54 GMT]
Three –member bench of the Supreme Court chaired by the Chief Justice Sarath Silva Thursday directed the law enforcement authority to produce a Tamil trader, now in remand, under the ordinary law in Colombo magistrate's court. Currently the Terrorist Intelligence Division (TID) on the orders of the defence ministry has detained the suspect, Kanthasamy Chandrakumaran, 24, under the Emergency Regulations. Justices Nihal Gamini Amaratunge and Andrew Somawanse were other members of the bench, legal sources said.
The Supreme Court made this order after an inquiry into the fundamental rights violation petition filed by counsel Ms Gowrishankary Thavarajah on behalf of the suspect.
Senior Counsel Mr.Saliya Peiris argued in support of the FR petition. State Counsel Mr.Harshika de Silva represented the Attorney General.
Defence Ministry Secretary, Inspector General of Police, Director of the TID, Director of the Criminal Investigation Department (CID) and Attorney General had been cited as respondents.
The CID arrested the petitioner on March 2 at Katunayake International Airport on his arrival from India under the Immigration and Emigration Act. Later he was handed over to the TID. Thereafter he was remanded under the Emergency Regulations without being produced in any court thus violating his fundamental rights, stated in the FR petition.
State Counsel informed court that respondents had agreed to produce the suspect in magistrate court under the normal law.