Court directs AG to file indictment against Kilinochchi Official
[TamilNet, Sunday, 14 October 2007, 03:00 GMT]
Sri Lanka's Supreme Court Friday directed the Attorney General to file indictment against the Kilinochchi Regional Assistant Commissioner of Local Government Mr.Kandiah Alvapillai Balasubramaniam who is being detained since his arrest on 26 June under the Emergency Regulations (ER). He was taken into custody by the Borella Police following the alleged recovery of a claymore mine concealed in the diesel tank in his vehicle that brought him from Kilinochchi to Colombo on official duty.
Three-member bench of the Supreme Court presided by Chief Justice Sarath Silva issued the directive in response to the argument by the counsel appeared on behalf of the petitioner-suspect in the Fundamental rights violation application that the suspect should be allowed bail or the Attorney General should immediately file indictment against his client, legal sources said.
Dr.Thiyagar Thirunavukarasu who appeared for the suspect-petitioner instructed by Senior Attorney-at-Law Mr.Velupillai Ponnambalam submitted to court that the law has stipulated very clearly that the Attorney General should indict the suspect arrested under the Emergency Regulations within 90 days since the date of his arrest.
This basic law has been violated and no indictment is served on the suspect even after 105 days since his arrest.
Under this circumstance the petitioner should be allowed bail or he should be indicted immediately without any delay, counsel begged the court.