Arrest of Tamils: Supreme Court directs police to formulate procedure

The Supreme Court last week directed the Senior DIG in charge of Colombo, along with a senior officer of the Attorney General’s Department, the Justice Ministry Secretary and a CWC representative to formulate a general procedure regarding security, including investigations, search, arrest and detention of Tamil persons.

The Court directive came when the fundamental rights petition filed by the Ceylon Workers’ Congress on the indiscriminate arrest of Tamil people was taken up for hearing on Wednesday. The Court also directed police to produce in a Magistrate’s Court those against whom there were grounds for suspicion and to release others held under detention orders without further delay.

The Bench comprised Chief Justice Sarath N. Silva, Justices N.G.Amaratunga and Andrew Somawansa. Counsel M.A.Sumanthiran, appearing for the CWC, brought to the notice of Court that the Modera police had distributed forms asking for bank account numbers, bank balances and the ethnicity of persons. In Maradana, he said, police were issuing a ‘visa’ valid for four months to those who stay there, and if they overstayed they would be arrested.

He said that it was a practice of the Maradana police to restrict the period of stay of a person. Counsel claimed that the alleged conduct of the police amounted to a violation of fundamental rights. Court directed that an arrangement be worked out and that court be notified on the next date -- March 4.

The CWC has cited Defence Minister Mahinda Rajapaksa, Defence Secretary Gotabhaya Rajapaksa, Army Commander Sarath Fonseka, Air Force Commander Roshan Gunetilleke, Navy Commander Wasantha Karannagoda, IGP Victor Perera, Nugegoda Police Superintendent A.M.W.D.Tennekoon and the Attorney General as respondents.

M. A. Sumanthiran and Viran Corea instructed by Mohan Balendra appeared for the petitioner. Additional Solicitor General Palitha Fernando appeared for the respondents.