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SMS on second Aluthgama attack: Court frees all suspects
View(s):Colombo Chief Magistrate Lanka Jayaratne has discharged four suspects accused of attempting to excite disaffection and hostility among the people, by forwarding SMS messages that referred to the likelihood of an impending attack on Muslims similar to the June 2014 attacks in Aluthgama.
The suspects were discharged after the CID informed the Chief Magistrate that the Attorney-General had decided not to proceed with the case.
In this case four people were arrested by the CID on August 6, 2014 following an SMS message being forwarded by one to the other, alleging that another violence had been planned for August 10, 2014, quoting a report in ‘Lanka e-news’ website.
The Chief Magistrate released the four suspects on bail at that time prohibiting them from leaving the country. The CID after completing investigations had forwarded the papers to the AG for further action.
Representations were subsequently made to the Attorney General by President’s Counsel M.M. Zuhair with Attorneys Rushdhie Habib, Asanka Perera and Rizwan Uwais on behalf of the suspects. They pointed out that no offence had been committed by any of the suspects.
They had only conveyed what was reported in the ‘Lanka e-news’, which report had not been denied by the authorities at any time. The Lanka e-news report was believed, to have created fear and panic of another possible attack and had been forwarded by the suspects, who were all Muslims.
In their written submissions to the Attorney General, Counsel submitted that the explanation to section 120 of the Penal Code has set out what are not offences within the meaning of section 120.
Accordingly, they submitted that it is not an offence to show that the government was misled or mistaken in measures, or to point out errors or defects in the government or any part of it or in the administration of justice with a view to reforming the alleged errors or defects or to excite the subjects to attempt to procure by lawful means the alteration of any matter by law established or to point out, in order to their removal matters which are producing or have a tendency to produce feelings of hatred or ill-will between different classes of subjects.
In their representations, the suspects’ counsel also submitted that words “to excite the subjects …” in particular, clearly permit lawful discussions, exchange of ideas, agitations, public meetings and demonstrations. Such acts do not constitute offences under section 120, so long as they are lawful.
They pointed out that these are rights the citizens of this country enjoyed under the Penal Code for over a hundred years, long before the Constitution brought in such rights as fundamental rights.
In any event the alleged acts are also fundamental rights protected under Article 14(1)(a) of the Constitution. Their arrest had also violated Articles 12(1) and 13(1) of the Constitution, it was submitted.
The Chief Magistrate after discharging the suspects ordered the release of the bail bonds and the passports of the four discharged persons.