The Colombo Fort Magistrate’s Court today (July 01) rejected a request made by his lawyers to issue an order to remove the investigation into former State Intelligence Service chief Suresh Saleh in connection with the Easter Sunday terrorist attacks from Criminal Investigation Department Director Shani Abeysekara and transfer him to another investigative unit.
In addition, several other requests made by the suspect party in relation to this investigation were also rejected by Colombo Fort Magistrate Pasan Amarasena.
Reason for rejecting requests
Announcing his order, the Magistrate stated that the detention orders issued by the Minister of Defense on February 28th and May 27th required the suspect to be detained in the custody of the Criminal Investigation Department for investigation.
“This order issued by the Minister of Defense under the Prevention of Terrorism Act can be challenged through a fundamental rights case under Article 126 of the Constitution and a writ case as mentioned in Article 140. Courts other than those courts cannot question those detention orders. The Criminal Investigation Department is administered by its Director. Accordingly, my court does not have the power to issue an order to transfer this suspect who is in his custody to another department. When the Pioneer Magistrate examined this suspect at the Criminal Investigation Department, he stated that the investigation teams are treating him well. He has also stated that it is a relief. This is a very complex investigation. It is evident from the reports submitted to the court that it is still being conducted well and efficiently. “Accordingly, the request made on behalf of the suspect is rejected,” the Magistrate stated.
In addition, former head of the State Intelligence Service Suresh Saleh, who is currently in custody, had previously been requested by his lawyers to be allowed to provide newspapers, books and pens from his home.
The Magistrate, who issued his order regarding the request, stated that the predecessor Magistrate had inquired about this when he observed the suspect at the Criminal Investigation Department and that he had stated that the Criminal Investigation Department would provide him with the books he needed to read.
“The Criminal Investigation Department has reported to the court that this suspect has initiated a food boycott process to end his life.”
“Under that situation, if a substance like a pen is given to him, there is a risk of harming his life. Similarly, if books are allowed to be brought in from outside, there is a possibility that some dangerous substance could reach the suspect through that. In addition, there is a possibility that various information could be leaked to outside parties that could hinder investigations.”
