Sri Lanka Podujana Peramuna (SLPP) General Secretary and former MP Sagara Kariyawasam was granted bail by the Kaduwela Magistrate’s Court today (10), hours after he was arrested over remarks allegedly threatening Inspector General of Police (IGP) Priyantha Weerasooriya.
Kaduwela Chief Magistrate Aruna Indrajith Buddhadasa, delivering a 17-page order, released Kariyawasam on two surety bails of Rs. 2 million each.
The court also imposed an overseas travel ban on Kariyawasam and ordered that the Department of Immigration and Emigration be informed accordingly.
Kariyawasam was arrested by the Central Crime Investigation Bureau (CCIB) at around 10.45 a.m. after he arrived to provide a statement in connection with remarks he had made regarding the IGP.
He was produced before the Kaduwela Magistrate’s Court at around 3.30 p.m., with investigators filing a B report over the incident.
The CCIB informed court that the investigation was being conducted by its Financial and Commercial Crime Investigation Division following complaints lodged by the IGP and three Buddhist monks.
Police said the court had previously been informed of the investigation on 6 August and Kariyawasam had subsequently been summoned for questioning.
Investigators told court that they intended to proceed against Kariyawasam under Sections 102, 108, 113, 114, 120, 186 and 486 of the Penal Code.
However, the Magistrate questioned the applicability of several of the provisions cited by investigators and observed that the allegations presented to court were not sufficiently clear.
“How are you proceeding with charges under Sections 113 and 114? And what are Sections 102, 108 and 113 being applied to? Those three provisions cannot stand independently. Abetment is one thing and attempt is another, and the punishments are different,” the Magistrate observed.
The Magistrate further noted that Section 120 related to exciting or attempting to excite disaffection against the State, while Section 186 concerned obstruction of a public servant in the discharge of public functions.
“The charges are not clear. The allegations relating to this incident are not apparent here,” the Magistrate said.
The CCIB argued that the alleged threat to the IGP’s life through conspiracy and instigation was connected to Section 296 of the Penal Code.
Investigators also sought to have Kariyawasam remanded until 24 August, arguing that further investigations were necessary.
Appearing for Kariyawasam, President’s Counsel Sampath Mendis rejected the allegations and argued that investigators had failed to properly study his client’s full statement.
“There is nowhere in this statement where a death threat was made against the IGP,” Mendis told court, submitting the full statement for consideration.
He argued that all the alleged offences were bailable and pointed out that Kariyawasam had no previous cases against him and had appeared before investigators when summoned.
According to the defence, Kariyawasam’s remarks were intended to urge the incumbent IGP to serve the public rather than the government so that he would not meet what Kariyawasam described as the “tragic fate” of the 34th, 35th and 36th IGPs.
The Magistrate, however, raised concerns about the language used by Kariyawasam, noting that as a political leader he had a responsibility to use language appropriately in a civilised society.
“This is not a primitive tribal society,” the Magistrate observed, adding that such remarks could also bring distress or embarrassment to the IGP’s wife and children.
The Magistrate specifically referred to Kariyawasam’s remark about the IGP potentially being “beaten to death on the road”, describing it as serious.
“The law is bound to protect life and property. There must be a civilised approach when speaking about another person’s life,” the Magistrate said.
The Magistrate then asked whether Kariyawasam was prepared to apologise and express regret over the remarks.
After consulting Kariyawasam, Mendis informed court that his client was prepared to express regret to the IGP.
When the Magistrate asked whether that included an apology, Mendis responded: “We only wish to express regret over the matter, Your Honour.”
The Magistrate subsequently postponed delivering the order until 5.30 p.m., before granting Kariyawasam bail subject to conditions.
The court also granted the orders sought by investigators in relation to the ongoing probe and directed the CCIB to submit a progress report on the investigation on 24 September.
The investigation stems from remarks Kariyawasam made at a media briefing, where he said IGP Weerasooriya should stop “serving the government” and instead serve the State and the people.
Kariyawasam had also said he did not want Weerasooriya to go down in history as Sri Lanka’s 37th IGP to die after being “beaten by people on the road”.
