• AG defends himself in historic case
• Dogs may bark but go ahead, says President
• Kilinochchi probe next week amid casualty row
• Armoured car all at sea
• State media chiefs at odds

AG defends himself in historic case

By Our Legal Correspondent

Attorney General Sarath Silva will defend himself when the fundamental rights application of High Court Judge Mahanama Tillekeratne comes up before the Supreme Court tomorrow.

In a rare move in legal history the Attorney General has been cited as a respondent in his personal capacity, the Judge suggesting that Mr. Silva acted mala fide (in bad faith) when he was allegedly illegally arrested by the CID last month and later indicted on a charge of attempted murder and unlawful assembly.

The Attorney General has also been cited as a respondent in this case in his official capacity along with the IGP, the DIG, CID Punya de Silva, the ex-director CID Bandula 'Show' Wickremasinghe and CID SSP H.H.M.R. Premaratne.

Mr. Tillekeratne's arrest last month caused a major uproar among lawyers throughout the country. There were island-wide protests, picketing campaigns and the Bar Association has urged the President to appoint a Commission of Inquiry to probe what they call an illegal arrest.

The President has yet to yield to the Bar Association's demand. So far the only move she has taken is to transfer the Director CID Wickrama-singhe to Police HQ. The Bar Association has now called for his interdiction from service.

Ex-Director Wickrama-singhe has claimed he arrested the Judge on the specific instructions of the Attorney General and the DIG CID.

The AG denies he gave prior instruction for the judge's arrest and says he was unaware that the judge had been granted bail when he was arrested.

Mr. Tillekeratne in his 22 page application saying his fundamental right as a citizen has been violated, claims he has been victimised for acquitting UNP MP Rajitha Senaratne on a fraud charge and having said the CID framed the case against the MP.

The judge himself is in the midst of some controversy with a dark shadow being cast about his personal involvement in the running of a guest house.

Mr. Tillekeratne says he had been subjected to cruel and degrading treatment at the hands of the CID when he was arrested and later detained at their office throughout the night of September 11.

The Supreme Court Bench listed to hear the application first to see whether to grant leave to proceed, will be heard by Justice A.S. Wijetunge, L. H. Weerasekera and Shiranee Bandaranayake.

Deshamanya Ranjit Abeysuriya, a one-time President of the Bar Association is appearing for the Judge.

A one-time public prosecutor in the AG's Department, Mr. Abeysuriya was specifically requested by Bar Association President Romesh de Silva to handle the case on behalf of the Judge.

K. Kamalasabaysan PC and C.R. de Silva PC, both Additional Solicitors General will appear for the Attorney General in his official capacity. Denzil Gunaratne, attorney -at -law is expected to appear for the three senior police officers, while C.R. de Silva will also appear for the IGP.

Dogs may bark but go ahead, says President

President Chandrika Kum-aratunga has lashed out at critics who undervalued the successes of the armed forces by only highlighting military defeats.

Speaking at an investiture ceremony for armed forces personnel last evening at BMICH, she said "these dogs may bark" but their place in history is assured. She said she was ashamed of them, not as the President of the country, but as an ordinary Sri Lankan because some of these critics are Sri Lankans.

Ninety percent of the people of Sri Lanka, however, salute these heroic soldiers and bow their heads to them, she said.

President Kumaratunga who is also the Defence Minister and Commander-in-Chief of the armed forces said the gallantry awards were only a small token for the sacrifices made by these brave men.

Describing the LTTE as a brutal force, the President said the Government was forced into this unwanted war because the terrorists were not interested in peace talks. "We are not going to have talks. Nor will we supply arms to the enemy while engaged in war," she said. President Kumara-tunga said she was proud of the fact that despite several attempts by the LTTE to disrupt communal harmony, the Tamils and Sinhalese live in amity. "I am happy that the security forces who have taken control of the north have been well accepted by the Tamil community living there. This is a victory. This is also an achievement for the security forces," she said.

Kilinochchi probe next week amid casualty row

A three-member Military Court of Inquiry prepared to begin sittings next week to probe the Kilinochchi military debacle as government and opposition leaders made conflicting claims on Friday over casualty figures.

The Military Court appointed by Army Commander Rohan de S. Daluwatte is headed by Major General S.T.T. Jayasundera, (the Army Censor and Commanding Officer, Operations Command, Colombo) and comprises Brigadier G.S.M. Ranatunga and Brigadier Sivali Wanigasekera. Colonel S.T. Abeyratne will function as the Secretary to the Court.

The appointment of this Court was reported in last week's Sunday Times.

Among other matters, the Court will ascertain how the LTTE attack occurred, the number killed, wounded, missing and the military hardware lost.

The National Security Council has also had two lengthy sessions on Tuesday and Wednesday to ascertain the circumstances under which the Kilinochchi defence complex and the Paranthan defences were attacked by Tiger guerrillas.

President Chandrika Kumaratunga who returned to Sri Lanka after addressing the UN General Assembly in New York and a stop over in London, presided at these meetings.

Government sources said she was making a personal assessment of the security situation in the Wanni, particularly in the aftermath of the latest incident.

Armoured car all at sea

Choppy seas off the Point Pedro coast rocked the cargo vessel Lanka Muditha forcing the moorings of an Army Saracen armoured vehicle to break off, thrust through railings and plunge into the sea.

The incident at forenoon yesterday occurred some 30 miles off Point Pedro, security officials said. They said two soldiers were killed and six soldiers and two navy personnel were missing. Efforts will be made to ascertain whether the Saracen can be salvaged, these officials added.

BBC relay broadcasts

State media chiefs at odds

By Chamintha Thilakarathna

Information Director Ariya Rubasinghe has lodged a complaint with the Army Censor Major General S.T.T. Jayasundera calling him to take appropriate action against the broadcast of what he calls sensitive military news on Sandeshaya programme of BBC which is relayed live over the SLBC.

"I have written to the Defence Ministry Secretary asking that action be taken immediately against the transmission of the Sandeshaya programme which does not abide by the censorship rule," Mr. Rubasinghe said.

A spokesman at Army Censor's office said letters had been sent to SLBC several times requesting that the programme adhere to the censorship rule but since no positive efforts to this extent were taken they have had to seek Defence Ministry assistance.

However, SLBC Chairman Janadasa Pieris said the agreement between BBC and SLBC prevents any interference with their broadcasts, be it news or otherwise.

"I am against the stopping of the programme. If we stop it does not mean that they will stop the transmission. "They will go to a private station or broadcast it through other means and we will be the losers. Besides, we have no hold on them to order anything," Mr. Pieris said.

But Mr. Rubasinghe did not agree.

He said, "I have complained about their conduct in broadcasting 'sensitive military news'. They have no right to violate a regulation that all media are to abide by. I have made a request for them to be put under the censorship and the Defence Ministry has agreed to take appropriate action soon," Mr. Rubasinghe said.

The Sandeshaya programme has been broadcasting details of casualties in fighting at Kilinochchi and Mankulam although the military censor had deleted certain figures of casualties in copies submitted by local and foreign journalists.