A retired Sri Lanka Air Force officer has filed a Fundamental Rights petition before the Supreme Court challenging the arrest and detention of former State Intelligence Service Chief, retired Major General Suresh Sallay, under the Prevention of Terrorism Act, raising legal questions over the application of the country’s controversial anti-terror law.
The petition was filed yesterday (05) by Shantha Jayathilake, a retired officer of the Sri Lanka Air Force. In the petition, he challenges the legality of the arrest and detention of Sallay, arguing that the circumstances of the case do not justify the use of the Prevention of Terrorism Act (PTA).
The Minister of Defence, the Secretary to the Ministry of Defence, the Secretary to the Ministry of Public Security, the Inspector General of Police, and the Director of the Criminal Investigation Department have been named as respondents in the petition.
According to the petitioner, the Prevention of Terrorism Act can only be applied against individuals who have contributed to activities that undermine the unity and territorial integrity of the country, or those who are directly or indirectly involved in attempts to overthrow a legally elected government. The petition argues that Major General Suresh Sallay has not been involved in any such activity that would warrant his arrest under the provisions of the PTA.
Jayathilake has further requested the Supreme Court to recognise the case as a public interest petition, stating that the matter concerns the protection of fundamental rights guaranteed under the Constitution. He argues that the arrest and detention of Sallay amount to a violation of those rights.
The petition also urges the court to determine that the filing has been made in the public interest, highlighting concerns about the application of anti-terror legislation and the potential implications for civil liberties and due process in Sri Lanka.
