Supreme Court orders holds detention more than 90 days illegal

[TamilNet, Friday, 01 August 2008, 01:12 GMT]
Sri Lanka's Supreme Court, in a ruling on Fundamental Rights violation petition, held Wednesday that Sri Lanka Police violated the law by keeping an arrested person in custody for more than ninety days, and ordered the police to transfer the suspect immediately to remand prison. Three member bench of the Supreme Court made the order at the conclusion of the preliminary inquiry in the FR violation filed by Counsel Gowrisankari Thavarajah on behalf of Thiyagarajah Mohanaruban, a resident of Wellawatte, legal sources said.

The petitioner-suspect, Thiyagarajah Mohanaruban, was arrested by the Terrorist Intelligence Division (TID) on 14.09.2007, and wass being detained in the TID branch in Colombo.

The Officer-in-Charge of TID did not allow the suspect to sign an affidavit to file a FR violation petition through Counsel Gowrisankari Thavarajah despite the approval by the TID Superintendent. Hence the FR petition was filed by the Counsel Gowrisankari Thavarajah on behalf of the suspect, the court was told.

The petitioner has cited OIC, TID unit, Prasanna de Alwis as the first respondent. TID Superintendent, Inspector General of Police and Attorney General have been cited as other respondents in the petition, legal sources said.

The petition was taken up for inquiry before a three-member bench comprised Justices Shiranee Bandaranaike (Chairman), Raja Fernando, and Salim Marsook.

President Counsel Mr.Faiz Mustapha with Counsel Gowrisankari Thavarajah submitted to court that his client had been kept in the custody of TID unit for more than eleven months against Sections 19 (1), 21 (2) and 21 (3) of the Emergency Regulation which stipulate that it is unlawful to keep a suspect in the custody of TID Unit more than 90 days.

The court held the submission by the Defense Counsel and directed the police to transfer the suspect immediately to prison. The court further announced that it has decided to take up the FR violation petition for proper inquiry under Sections 12 (1), 13 (1) and 13 (2) of the Constitution, legal sources said.

The court further instructed the Registrar to issue notices on the respondents to appear in court on November 6, and to submit their objections to the FR petition within a month from that date.

State Counsel Ms P.Munasinghe appeared for the Attorney General, legal sources said.

 

Latest 15 Reports
21.06.18 16:24   Photo
Jaffna Tamil fishers mobilise against southern poaching, expose conduct of SL police
20.06.18 11:52  
Wigneswaran's secretary accuses SL Presidential Secretariat of dodging land release in North
19.06.18 18:33   Photo
SL military stationed in 6,275 acres of public and private lands in Vaakarai, Batticaloa
18.06.18 23:05  
Occupying SL Police in Jaffna again blamed for dodging action on criminal policemen
17.06.18 23:51   Photo
SL policemen fire to kill Tamil man at Church premises in Mallaakam, Jaffna
16.06.18 20:31  
US naval, seismic partnerships with genocidal Sri Lanka bring miseries to Eezham Tamils in Trincomalee
15.06.18 21:07   Photo
Swiss ruling, a precedent-setting victory for Right of Self-Determination oriented freedom fighters
14.06.18 20:03  
Only an international investigation would establish truth on enforced disappeared
13.06.18 22:37   Photo
Colombo schemes Sinhala military-led industrialisation of KKS exploiting geopolitics
12.06.18 19:49   Photo
Mannaar mass grave could be from early 1990s, shocking details emerge
11.06.18 14:38  
Sirisena yet to revoke Gazette notification of Colombo's seizure of Champoor lands
10.06.18 19:14  
Tamil families caught in dilemma of transferring lands in Seruvila, Trincomalee
09.06.18 19:04  
SL military attempts to rout out Tamil shop owners in Ampaa'rai village
08.06.18 18:17  
131 Sinhala Buddhist installations crop up in North after 2009: NPC
07.06.18 13:56   Photo
Encroaching Sinhala monk receives official recognition from SL Archaeology Department
 
Find this article at:
http://www.tamilnet.com/art.html?catid=13&artid=26509