| A fundamental rights petition filed in the Supreme Court by a retired Major General of the Sri Lanka Army claiming unlawful arrest and detention is to be heard on May 5.
The petitioner W. Upali Bandara Edirisinghe cited Director CID Wijaya Amarasinghe, IGP Mahinda Balasuriya, Defence Secretary Gotabhaya Rajapaksa and the Attorney General as respondents.
Upul Jayasuriya, counsel for the petitioner said the petitioner was a coordinating officer of (Rtd.) General Sarath Fonseka who was the opposition candidate at the Presidential election held in January.
Counsel said the petitioner had received a summons, without any reasons being given, to be present at the Magistrate’s Court on February 2. He said that around 4 p.m. on January 30 the petitioner was arrested at his residence by CID officers on the alleged accusation that he was harbouring Army deserters at his house. He claimed that his unlawful arrest and detention violated his fundamental rights under the Constitution.
Senior State Counsel (SSC) Riyaz Hamza informed Court that 90 persons were questioned in this connection and that there were another 40 more to be questioned.
The Court then inquired whether any incriminating evidence was found as a result to which the answer was in the negative.
The Court then asked him why the petitioner was still in detention.
The SSC informed Court that the CID was still investigating whether the petitioner was involved in the incident where arms and ammunition were found in a temple at Maligawatta and requested two weeks more for the investigations to be completed.
The Bench comprising Chief Justice Asoka de Silva, Justices Saleem Marsoof and P. Ratnayake then listed the case to be heard on May.
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