The Attorney General yesterday (4) urged the Court of Appeal to dismiss the intervening petitions filed in connection with the writ petition challenging the detention of former State Intelligence Service Director Suresh Sallay under the Prevention of Terrorism Act (PTA).
The request was made by Deputy Solicitor General Suharshi Herath before a bench comprising Court of Appeal President Justice Rohana Abeysooriya and Justice Priyantha Fernando.
Appearing for Sallay, President’s Counsel Sanjeewa Jayawardena told court that he did not object to the intervening petitions and welcomed the decision by Archbishop of Colombo Cardinal Malcolm Ranjith to intervene in the proceedings.
However, the Deputy Solicitor General argued that, based on previous judicial precedents, the intervening petitions should not be entertained and requested that they be dismissed.
Court of Appeal President Justice Abeysooriya said the court would hear all intervening petitioners supporting and opposing Sallay’s petition and consider the submissions made by each party. He also directed counsel to limit their oral submissions to 10 minutes.
Appearing for an intervening petition filed by Dr. Gunadasa Amarasekara and others representing the Patriotic National Movement, President’s Counsel Manohara de Silva argued that the detention order issued against Sallay was unlawful and alleged that the investigation had been initiated at the request of the Catholic Church. He further questioned whether a fair investigation could be expected under the circumstances.
President’s Counsel Udita Igalahewa, appearing for the Patriotic People’s Movement, submitted that there was no legal impediment preventing third parties from intervening in the proceedings and argued that the PTA could not be used to harass individuals. Citing the recent Supreme Court ruling in the Wasantha Mudalige case, he contended that the law could not be abused for improper purposes.
The Court of Appeal postponed further consideration of the intervening petitions until August 6.
Eight parties, including Ven. Bengamuwe Nalaka Thera and the Patriotic National Movement, have filed petitions supporting Sallay, while Cardinal Malcolm Ranjith has filed an intervening petition opposing his application.
