The Supreme Court today allowed Western Province Senior DIG Deshabandu Tennakoon to be named as a respondent in a Fundamental Rights petition filed on behalf of Inter-University Students’ Federation (IUSF) Convener Wasantha Mudalige, who was arrested and detained under the Prevention of Terrorism Act (PTA).
President’s Counsel Saliya Pieris, appearing for the rights of Wasantha Mudalige, sought the court’s permission to make Senior DIG Deshabandu Tennakoon the seventh respondent in the petition since his conduct tantamounts to a violation of the fundamental rights of the detainee, who was arrested without cogent evidence to be charged under the PTA for committing terrorist activities.
The Court was informed that Senior DIG Tennakoon had sent a letter requesting the Secretary to the Ministry of Defense detain Wasantha Mudalige for alleged involvement in terrorism without sufficient materials. It was further revealed that Senior DIG Tennakoon sent this letter without going through the Inspector General of Police, thereby violating due process.
Deputy Solicitor General Madhawa Tennakoon, appearing for the Attorney General, submitted to the court that it has been a practise for the police to obtain detention orders, taking into account practical difficulties and urgent requirements.
A two-judge bench of the Supreme Court, comprising Justices Vijith Malalgoda and S. Thurairaja, observed that the authorities have to act as per the procedure laid down in the law and held that these practices should not continue without making amendments to the relevant provisions.
The Supreme Court further observed that, until now, there has not been an iota of evidence placed before the Court to support the detainee’s involvement in terrorist activities.
