Court Hears Challenge to Former SIS Chief Salley's Application

COLOMBO (News 1st); The Court of Appeal today fixed September 18 for the further hearing of a petition filed by former State Intelligence Service (SIS) Chief Suresh Salley, challenging his arrest and continued detention by the Criminal Investigation Department (CID).

The petition was taken up before a bench comprising Court of Appeal President Justice Rohantha Abeysooriya and Justice Priyantha Fernando.

Appearing on behalf of Rev. Fr. Rohan Silva, who has been named as the sixth respondent in the petition, Attorney-at-Law Suren D. Perera told Court that the petitioner had failed to place the true facts before the Court and requested that the application be dismissed without granting leave to proceed.

Here's an extract of the submissions made in court by Attorney-at-Law Suren D. Perera:

"Your Lordships, the petitioner has attached a report of the Jayaki De Alwis Commission to this application. However, that report has never been officially released. It was only presented during a media briefing by former Minister Udaya Gammanpila. What has been submitted to Court is merely a photocopy of that committee report. Its submission is contrary to the rules of the Court of Appeal, as there are questions regarding its legal status. Accordingly, Your Lordships, the petitioner has failed to fulfil a fundamental requirement of a writ application, namely the disclosure of all material facts. Therefore, we respectfully request that this petition be dismissed without granting leave to proceed. Furthermore, Your Lordships, the petitioner was not arrested based on a complaint made by Rev. Fr. Rohan Silva regarding the Easter Sunday attacks, nor on statements made by Azad Maulana in a programme aired by Channel 4. It is also clear that the Criminal Investigation Department has carried out its investigations based on the recommendations contained in the reports of the Janak de Silva Commission and the Parliamentary Commission of Inquiry into the Easter Sunday attacks."

Thereafter, counsel appearing for petitioner Suresh Salley submitted that the current Director of the Criminal Investigation Department should also be named as a respondent in the petition.

Responding to the request, Deputy Solicitor General Suharshi Herath informed Court that there was no objection to such an amendment.

However, she emphasized that the relief sought in the petition should not be altered in any way and warned that objections would be filed if any such changes were made.

The Court scheduled the matter for further consideration on September 18, when President's Counsel Sanjeewa Jayawardena, appearing on behalf of Suresh Salley, is expected to present further submissions in support of the petition.