Landmark SC judgment in PTA case

[TamilNet, Wednesday, 16 October 2002, 17:41 GMT]
The Supreme Court Wednesday set aside the conviction by a High Court and acquitted the accused in a Prevention of Terrorism Act (PTA) case. The three-member bench of the SC, which heard the appeal of the accused, held that "it is contrary to law to punish a person only on his confession without any corroborative evidence against him." The SC bench comprised Justices C.V.Vigneswaran, Mark Fernando and Ameer Ismail.

The Anti-Subversive Unit of the Police arrested the accused, Nagamany Theivendran, in Colombo in 1996 under the Prevention of Terrorism Act (PTA) for obtaining arms training from the LTTE and aiding and abetting it.

The Attorney General indicted the accused in the High Court in 1997. The HC Judge after trial sentenced the accused to seven years rigorous imprisonment, accepting the confession purported to have been made by the accused voluntarily.

The accused appealed to the Court of Appeal (CA) stating that he could not be punished only on his confession without any corroborating evidence against him. However the Court of Appeal also confirmed the order by the High Court Judge in the case.

The accused then appealed to the Supreme Court against the HC sentence and CA confirmation of the sentence imposed on him.

The three-member bench of the Supreme Court took the appeal Wednesday for inquiry. State Counsel Mr. Shantha Kottegoda appeared for the Attorney General. Senior Counsel Dr.Ranjit Fernando with Attorney-at-Law Mr.A.Vinayagamoorthy appeared for the accused petitioner.

After inquiry the SC set aside the conviction imposed on the accused only on his confession without any corroborating evidence against him. The SC said that it acquits the accused.


Latest 15 Reports
22.10.17 21:55   Photo
Colombo seizes more lands for Sinhala colonisation in Trincomalee through engineering Tamil-Muslim divide in East
21.10.17 21:46  
Unitary constitution imposing choice irrelevant to fundamentals needs rejection by Tamils
20.10.17 07:02  
Jaffna University students boycott classes against manipulative justice of genocidal Sri Lanka
19.10.17 17:11   Photo
Sirisena disappoints student leaders, Cooray humiliates families of hunger-striking prisoners
18.10.17 23:45  
Eastern Provincial Land authority discriminates Tamils
17.10.17 18:46   Photo
Paramilitary operative employed at Cooray's secretariat in Jaffna harasses public servants
16.10.17 07:15   Photo
UN Refugee agency ignorant of stranded Tamil refugees in Indonesia
15.10.17 19:12  
Tamil fisherman rammed by intruding Sinhala fishermens’ boat, fishing disputes escalate in Jaffna
14.10.17 07:34   Photo
Tamil protesters confront Maithiripala Sirisena in Jaffna
13.10.17 17:40   Photo
North at standstill, Sampanthan not to accompany Sirisena to Jaffna
12.10.17 23:35  
SL military postpones land release for 2 years as UN awarded Colombo with 2 more years in Geneva
11.10.17 23:48   Photo
20 Tamil organisations to lay siege to SL Governor's office on Friday
10.10.17 22:05   Photo
SL ‘Manipulative Justice’ exposed once again in Tamil political prisoners’ case: Sivapalan
09.10.17 22:09  
Protests gain momentum as hunger-striking political prisoners’ health deteriorates
08.10.17 23:00   Photo
SL constitutional discourse seen coupled with ‘Vision 2025’ policy of genocidal Sri Lanka
Find this article at: