Supreme Court dismisses petition challenging Suresh Sallay’s detention

Glocal
By Editor_1

COLOMBO – The Supreme Court on Friday (25) dismissed a fundamental rights petition challenging the arrest and detention of former State Intelligence Service (SIS) chief Major General (Retd.) Suresh Sallay under the Prevention of Terrorism Act (PTA).

The petition, filed by retired Air Force officer Shantha Jayathilaka, sought to challenge the legality of Sallay’s ongoing detention in connection with investigations into the 2019 Easter Sunday terrorist attacks.

A two-judge bench comprising Chief Justice Preethi Padman Surasena and Justice Achala Wengappuli permitted the petitioner to withdraw the application after preliminary objections were raised by the Attorney General, dismissing the case without costs.

Appearing for the Attorney General, Additional Solicitor General Sudarshana de Silva argued that the petitioner lacked legal standing to file a fundamental rights petition on behalf of another individual. He informed the court that Sallay had already filed a separate writ petition before the Court of Appeal challenging his arrest, where judgment remains pending.

De Silva further submitted that the petition indirectly challenged the operation of the PTA itself, a matter strictly reserved for parliamentary jurisdiction under Article 80(3) of the Constitution.

Addressing the bench, Jayathilaka argued that he initiated the petition in the public interest and asserted that the unlawful detention of a citizen infringed upon public rights.

However, Justice Wengappuli clarified that public-interest litigation in Sri Lanka applies only under very limited legal circumstances. While a citizen facing a personal threat of arrest may seek judicial protection, one cannot institute fundamental rights proceedings on behalf of a third party who has already sought separate legal remedies.

Acknowledging Jayathilaka’s service as a disabled war veteran, Chief Justice Surasena advised him on the legal limitations of appearing without legal counsel to litigate another individual’s rights.

Following the observations of the court, the petitioner formally requested permission to withdraw the application.

-ENCL

Editor_1
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