At a press conference held on 22nd Nov, the lawyers of the National People’s Power accused the police and the Attorney General’s Department of using the Prevention of Terrorism Act to lead the political process of the government.
Akalanka Ukwatta, Attorney-at-Law who participated in the press conference, pointed out this with facts, and his views are as follows.
Sovereign power cannot be relinquished from the people. People took to the streets to protect that power. It was named as the “Aragalaya”. J.R Jayawardena came to implement righteous policies, by accomplishing the 1978 Constitution. From Mahinda Rajapaksa to this government, the same policies are being implemented. Is the mistake made by Wasantha Mudalige and Siridhamma Thero to oppose the creation of a righteous government in this country? Is that why he committed an act of terrorism by breaking the constitution and was detained under the Prevention of Terrorism Act and now remanded in custody? Was the Prevention of Terrorism Act of 1979 brought to curb those who work against creating a righteous society? If Wasantha Mudalige and Siridhamma Thero have done such an act, it has also been done by the majority of people in this country. There is no clear definition of terrorism in the Prevention of Terrorism Act, which is used to suppress people’s voices on burning issues. It is used to trap innocent people. Was the Prevention of Terrorism Act used against people like Karuna Amman, who was in charge of the Eastern region of the LTTE, and Pilleyan? Ranil Wickremesinghe had great criticism about KP from the opposition then. Was the Prevention of Terrorism Act used against KP? But during the period of the protest, did anyone see Wasantha Mudalige and Siridhamma Thero even holding a stone in their hands? Can’t we question the fact that the government have stolen and exploited the things that we should get? A fundamental rights case was filed against these two who were under 90-day detention orders issued under the hand of the minister of Defence. Ranil Rajapaksa has been remanded them for 14 days to 14 days without extending those detention orders. Now, under the Attorney General, there is the ability to take actions on these two. Although they were detained for 90 days, they were interrogated only for five hours in 03 days. On all three occasions, Wasantha Mudalige questioned that what act of terrorism which he had committed. There is no answer to that question.
All that time, the police have been questioning about the murder of the Member of Parliament in Nittambuwa, people entering the Presidential Palace, Temple trees, and Presidential Secretariat. Already there is a case related to murder charges in the Attanagalla court regarding the killing of the MP. Cases have been filed separately in the Fort Magistrate’s Court regarding other charges. Why are these two being detained under the Prevention of Terrorism Act when cases have already been filed in the courts of Attanagalla and Fort under the relevant charges of the Penal Code? Cases have been filed in the courts regarding matters not related to the Prevention of Terrorism Act. All those charges are under the Penal Code. If so, what will happen to the cases filed at Attanagalla and Fort courts under the Attorney General? The Attorney General advises the police. The Attorney General should be conscious about conducting police investigations for 90 days. After 90 days, the investigations are not completed, which means that there is no other purpose other than harassment. Now the Attorney General should submit the reasons for not granting bail to these two to the Magistrate Court. The Attorney General is responsible to the Republic and the people of this country but not to the governments that are appointed from time to time.
Gotabaya Rajapakse came to power after taking the Easter attack in hand and the first thing he did was to arrest the lawyer Hizbullah and hold him under detention orders. Has Mr. Hizbullah been made a respondent in the High Court case regarding Saharan? No. In that case, it is clear that a lie was made using the Prevention of Terrorism Act at that time as well. Investigations that have been held for more than 90 days, has no results. The Secretary to the Ministry of Defence, the Inspector General of Police and the Attorney General should be held responsible for that. If history is like this regarding the issue of Saharan, the Attorney General has the scope to release Wasantha Mudalige and Siridhamma Thero. We emphasize to the Attorney General to exercise his practice in this regard.
