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Court Defers Ex-Intelligence Chief’s Urgent Challenge to PTA Detention as Easter Attack Probe Intensifies

Sri Lanka’s Court of Appeal postpones further hearings until July 17 after hearing arguments that the proposed detention of former SIS Director Major General Suresh Sallay under the Prevention of Terrorism Act would be unlawful.

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Major General Suresh Sallay (Retired), former Director of the State Intelligence Service [Sri Lanka Guardian]

The Sri Lankan Court of Appeal on Monday postponed until July 17 the further hearing of an urgent writ petition filed by former State Intelligence Service (SIS) Director Major General Suresh Sallay, who is challenging any attempt to arrest and detain him under the Prevention of Terrorism Act (PTA) in connection with the latest investigations into the 2019 Easter Sunday suicide bombings.

The petition was filed on the basis that any move to arrest or hold Sallay under detention orders issued pursuant to the PTA would be unlawful. The legal action comes as authorities continue a new phase of broad investigations related to the Easter Sunday attacks.

The matter was taken up before the Court of Appeal on July 14, where both parties presented legal submissions during what was described as an extensive hearing. The proceedings focused on the legality of invoking the PTA against the former intelligence chief and the relief sought through the writ application.

Appearing for the petitioner, President’s Counsel Sanjeewa Jayawardena delivered detailed submissions before the court. According to the petitioner’s case, the proposed use of the PTA to detain Sallay lacks a lawful basis and contains legal deficiencies. Jayawardena argued that his client’s detention under the legislation would be unlawful and set out the legal grounds on which the petition challenges any such action.

Following the presentation of the petitioner’s submissions, the bench decided to postpone further consideration of the case until July 17. The adjournment will allow for the continuation of proceedings, including submissions from the respondents representing the state.

The petition is directly linked to the ongoing investigations into the Easter Sunday terrorist attacks, with the current inquiry examining matters related to the attacks and individuals who may have been connected to them. The legal challenge specifically concerns the use of detention orders under the PTA and whether they can be lawfully applied to the former SIS director.

The proceedings mark the latest legal development arising from the renewed investigations into the Easter Sunday bombings. The Court of Appeal has not ruled on the merits of the petition, and the matter remains pending before the bench.

The state’s response to the petition is expected to be presented when the case resumes on July 17. Until then, the court has reserved further consideration of the application while both sides continue their legal arguments regarding the legality of any proposed detention under the Prevention of Terrorism Act.

Sri Lanka Guardian

The Sri Lanka Guardian is an online web portal founded in August 2007 by a group of concerned Sri Lankan citizens including journalists, activists, academics and retired civil servants. We are independent and non-profit. Email: editor@slguardian.org

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