The Colombo Fort Magistrate’s Court today (March 4) presided over a shocking display of procedural failure as retired Major General Suresh Sallay, former Chief of the State Intelligence Service, faced interrogation while in custody under a 90-day detention order issued under the Prevention of Terrorism Act (PTA). Case No. 35882/24 originates from a statement made by Father Cyril Gamini during a 2021 Zoom program organized by a forum similar to the International Truth and Justice Project (ITJP). Despite the statement being made years ago, the Criminal Investigation Department (CID) has implicated Sallay solely because he led the Intelligence Department at the time.
The court hearing today revealed an extraordinary lapse in legal procedure. Local media highlighted the astonishing exchange between the Magistrate and CID officers:
මහේස්ත්රාත්වරයා:
“CID එකෙන් ඔහුව සැකකරුවෙකු කරලද තියෙන්නෙ?”
(Magistrate: “Has the CID made him a suspect?”)
CID නිලධාරියා:
“නෑ ස්වාමීනී.”
(CID officer: “No sir.”)
මහේස්ත්රාත්වරයා:
“මොන නඩුවෙද ඔහුව සැකකරුවෙකු කරල තියෙන්නෙ?”
(Magistrate: “In which case has he been made a suspect?”)
CID නිලධාරියා:
“ඒක ගැන තවමත් හිතනවා ස්වාමීනී.”
(CID officer: “Still thinking about it sir.”)
This admission stunned the legal community, highlighting a serious disregard for Article 13(1) of the Sri Lankan Constitution, which mandates that any arrested person be informed of the reasons for detention and that there be “reasonable suspicion” before a 90-day order can be imposed.
Lawyers representing Sallay submitted a detailed motion requesting six critical interventions: certified copies of case reports to challenge the detention, authenticated copies of the detention order, court protection against potential harm while in CID custody, permission to receive food from home due to fears of poisoning, supervised visits with his son because of risk of torture, and guaranteed access to legal counsel two days a week to protect his constitutional rights.
Local media reported a complete breach of legal norms during the lawyer-client consultation today. Two police officers, including one named Mendis, previously remanded with former CID Director Shani Abeysekara, were present while Sallay consulted his lawyers. One recorded the conversation on a mobile phone, and the other transcribed it in a notebook. The practice stopped only after strong protests from Sallay’s lawyers. Legal experts emphasized that this violates Article 13(3) of the Constitution and Section 126 of the Evidence Ordinance, which guarantee the absolute confidentiality of professional communications between a lawyer and client.
The detention conditions imposed on Sallay reportedly reach extremes rarely seen, even for high-profile underworld figures. His house was searched without a female officer present, contrary to the Criminal Procedure Code. Repeated warnings about threats to his life, submitted in letters on February 26 and February 28, were ignored by the CID. Only a brief half-hour visit from his son was allowed on February 28, despite concerns for Sallay’s physical and mental well-being.
Human rights advocates, legal experts, and local media have described the investigation as a politically motivated “witch hunt,” surpassing any legitimate criminal inquiry. Denying Sallay legal safeguards and proper treatment while in custody, they argue, represents a serious erosion of constitutional and common law protections. The extreme conditions and procedural failures have prompted widespread concerns over Sri Lanka’s justice system and its vulnerability to political interference.
Observers note that no person, regardless of alleged involvement in criminal activity, should be subjected to prolonged detention without clear charges, sufficient evidence, or protection of basic legal rights. The case of Suresh Sallay has become a symbol of systemic legal failure, raising urgent questions about accountability, transparency, and the rule of law in Sri Lanka.
