Supreme Court reserves ruling on Pillyan’s challenge to PTA detention
COLOMBO – The Supreme Court on Tuesday (2) concluded hearing a fundamental rights petition filed by former State Minister and Tamil Makkal Viduthalai Pulikal (TMVP) leader Sivanesathurai Chandrakanthan challenging his arrest and continued detention under the Prevention of Terrorism Act (PTA), and reserved judgment after hearing arguments from both sides.
The petition was taken up before a three-judge bench comprising Justices Mahinda Samayawardana, Arjuna Obeyesekere and Kihan Kulatunga.
Appearing for the petitioner, President’s Counsel Manohara de Silva argued that his client’s arrest and continued detention under the PTA were unlawful and in violation of his fundamental rights.
Counsel submitted that officers of the Criminal Investigation Department (CID) had failed to inform Chandrakanthan of the reasons for his arrest at the time he was taken into custody, thereby violating constitutional safeguards.
He further argued that although investigators had linked the arrest to the disappearance of former Eastern University Vice Chancellor S. Ravindranath nearly two decades ago, the PTA did not provide legal grounds for detention solely on that basis.
The petitioner’s counsel also contended that the CID had failed to provide sufficient material to the Defence Minister, a position held by President Anura Kumara Dissanayake, to justify the issuance of a detention order under the PTA, rendering the detention unlawful.
Deputy Solicitor General Suhashini Herath, appearing for the Attorney General, rejected those claims and maintained that the arrest and detention were carried out in accordance with the law.
She told the court that CID officers had informed the petitioner of the reasons for his arrest at the time he was taken into custody and had reiterated those reasons when recording his statement.
The Deputy Solicitor General further alleged that Chandrakanthan, widely known as Pillyan, had operated an illegal detention facility in Sevenampitiya, Polonnaruwa, where opponents and other individuals were allegedly detained and tortured.
She submitted that there was evidence linking the disappearance and alleged murder of former Eastern University Vice Chancellor Ravindranath to the facility and informed the court that two suspects had already been arrested and had provided confidential statements before a Magistrate.
According to the Attorney General’s Department, Chandrakanthan’s arrest was based on evidence uncovered during extensive investigations.
Following oral submissions, the bench directed both parties to file written submissions by June 22. The court also instructed the Deputy Solicitor General to submit details of relevant witness statements under confidential cover.
-ENCL
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