CID
can arrest Thilanga, says Solicitor General
The Solicitor General has advised the Criminal Investigation Department
(CID) that it has the right to arrest Chairman of Sri Lanka Telecom
Thilanga Sumathipala under the law without a warrant as there is
a prima facie case against him.
The advice
came after CID director Sisira Mendis sought clarification from
the Attorney General about Mr. Sumathipala's arrest in the wake
of orders by the Supreme Court and the Colombo Chief Magistrate
this week.
On Wednesday
the Supreme Court dismissed a fundamental rights petition filed
by Mr. Sumathipala seeking a court order to prevent the CID arresting
him.
State Counsel Shavindra Fernando told court that they did not instruct
the Director CID to arrest Mr. Sumathipala, but that they were going
to refer the facts to the Magistrate's Court and that it was up
to the magistrate to take a decision.
Colombo Chief
Magistrate A.A.R. Heiyanthudawa on Thursday held that the Police
could arrest any suspect under the Immigration and Emigration Act
if they had substantial evidence that such person had committed
a cognizable offence under the Act.
The magistrate
queried as to why the AG's department was moving for a warrant when
the matter was clear. Following the magistrate's ruling the CID
had consulted the IGP and written to the AG seeking further clarification.
The Solicitor
General had written to the CID that under Section 32 of the Criminal
Procedure Code the police have the authority to arrest a person
without a warrant if there was a prima facie case.
Mr. Sumathipala
has not been seen in public in the past two weeks. The Attorney
General has given the go-ahead for his arrest on charges of aiding
and abetting an underworld suspect of leaving the country for the
1999 World Cup in England on an invalid passport having also given
him monies from the Cricket Board as expenses. |