Four Army Personnel File Fundamental Rights Petition Challenging Arrest Over Eknaligoda Case

The Supreme Court today allowed leave to proceed to a Fundamental Rights petition filed by four military personnel who were arrested in connection with the disappearance of journalist Prageeth Eknaligoda.

The army personnel, Corporal Anura Jayalath, Staff Seargent R.M. Priyantha Kumara, Leu. Col. S. A. Kumararatne, Leu. T.T. Prabodha, have challenged their arrest under the Prevention of Terrorism Act No 48 of 1979.

They stated that their fundamental rights guaranteed under article 13 (1) of the constitution were infringed by their arrest.

Claiming that they are not connected to the said disappearance in any manner, the petitioners said that they were kept under a detention order obtained by the CID under article 9 (1) of PTA. The PTA could not have been applied in their case, the petitioners pointed out.

A three member bench headed by the chief Justice considered the arguments and fixed the case for August 29.

The Director of CID, Defence Secretary, the Attorney General and four others have been named as respondents in the case. They were given four weeks to file objections.