Hulftsdorp Hill

27th September 1998

CID, notes, the AG and statements

By Mudliyar

The tremendous uproar created by the ar- rest of High Court Judge Mahanama Tillekeratna took a dramatic turn, when defence Attorney Lukshman Ranasinghe requested Kesbewa Magistrate Munidasa Nanayakkara to order the CID to produce the IB extracts relating to the arrest of the judge by the CID

It was the belief of the legal fraternity till then, that former CID Director Bandula Wickremasinghe did something extraordinary to satisfy his political masters. It was believed by the members of the profession, that he acted without instructions and any legal authority.

It is unheard of in the annals of the history of the CID, for the Director to proceed to the house of a suspect to arrest the suspect on a warrant issued by Court. The manner in which he has allegedly acted in executing the warrant moreover, disregarding the Court order with disdain caused much consternation in the minds of the black coated gentry. The agitation mostly directed at the CID and specially 'Show' Wickremasinghe was far from over.

As protests proliferated, the President did something commendable, sending clear signals to the profession that the Government per se had nothing whatsoever to do with the arrest of Judge Tillekeratna , by transferring, SSP Wickremasinghe from the CID to Police headquarters.

Attorney-General Sarath Silva gave interviews to two newspapers, one of which was the Sunday Leader. On September 20, he told the Sunday Leader:

"Then at about 8.30 pm, DIG CID Punya de Silva, called me at home and said that they had information that the warrant had been recalled and that the lawyers who are in Mr. Tillekeratna 's residence have some letter. He did not know the contents of the letter."

Then to the Midweek Mirror on September 23, asked the AG; "Did DIG CID Punya de Silva tell you that the warrant was recalled?

The AG: He contacted me at about 8 in the night that day and said his officers had gone to the judge's house and the judge had some kind of letter recalling the warrant…..He assured me not to worry as he had sent the Director CID himself. He also said that the Director would handle the matter carefully. I did not know that it was Bandula Wickremasinghe…….."

The question that has been of paramount importance to those who are concerned with the independence of the judiciary, about this affair was whether or not Punya De Silva, failed to inform the AG Sarath Silva that the warrant was recalled or not. Or whether he (Mr. de Silva) gave instructions on his own to Bandula 'Show' Wickremasinghe to arrest Mr. Tillekeratna , when Police Superintendent Premaratna informed him that the warrant had been recalled. It is obvious from the account of the Attorney General Sarath Silva that he did not know anything till about 8 p.m. on that day.

Police officers are trained to enter notes on all important matters. The Departmental orders give them explicit instructions how these notes ought to be recorded. This is what the notes of SSP "Show" Wickramasinghe contained:

"DIG/CID informed me that the Hon AG has granted approval for the arrest of H/C Judge Mr. M. Tillekeratna under normal law under provisions of Code of Criminal Procedure Code. DIG/CID Mr. Punya de Silva instructed me and gave orders to proceed to Talagala, Kiriwaththuduwa in Kahathuduwa Police area and to arrest H/C Judge M. Tillekeratne and other suspects for committing offences under section 316, 146, 300 being cognizable offences and furthermore the Hon. AG has already granted approval for the arrest of H/C Judge Mr. M. Tillekeratna under normal law, although warrants have been recalled for the arrest of H/C Judge Mr. M. Tillekeratna by Magistrate Kesbewa. DIG/CID further informed me to inform all lawyers who are with H/C Judge at his residence that Hon. AG has granted approval for the arrest of H/C Judge at 1730 hrs on 10/09/98. Sgd B.P. Wickramasinghe SSP."

According to the notes the AG was contacted at 5.30 p.m. on 10.09.98 over the phone by Mr. De Silva. What was conveyed to DIG CID by the AG was conveyed to 'Show' Wickremasinghe and was heard by several police officers including SSP Dharmatillke P/A to DIG, SP Samaratunga, CI Senaka Kumarasinghe and IP Abeysekera and a team of junior police officers.

Punya De Silva is reported to have not only made notes on the relevant books but made notes in his personal diary, that the Attorney-General instructed him to take steps to arrest Mr. Tillekeratna though warrant for the arrest had been withdrawn by the Magistrate who issued it. This apparently contradicts the statements of the AG to the press.

Those who supported the AG would say that the CID concocted the extracts to suit their case. After all don't we all know how these notes are severely scrutinised and criticised during trials.

But then can the AG have any confidence in the CID and the CID in the AG? Now the senior Police Officers have passed a resolution calling the government to set up a Legal Branch to appear for them.

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