The Court of Appeal has fixed August 25 for further consideration of the intervening petitions filed by parties seeking permission to make submissions in the writ application of former State Intelligence Service (SIS) Director Major General Suresh Sallay, who is challenging his arrest and detention by the Criminal Investigation Department.

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

Counsel cites commission finding

Appearing for Sallay, President’s Counsel Sanjeewa Jayawardena told court that the Janak de Silva Commission, appointed to examine matters relating to the Easter Sunday attacks, had stated that investigations should be conducted free from political interference.

Jayawardena said Leader of the House Bimal Rathnayake had told Parliament that members of the Catholic community requested the appointment of Shani Abeysekara and Ravi Seneviratne to conduct investigations into the attacks.

Counsel argued that Buddhist clergy had not made comparable requests during investigations into incidents such as the Aranthalawa massacre or the attack on the Temple of the Tooth Relic, and alleged that undue influence had been exercised over the current investigations.

Case background

Sallay was taken into custody in connection with investigations into the Easter Sunday bombings of 21 April 2019, in which coordinated attacks on churches and hotels killed more than 260 people. He has challenged both his arrest and his detention through the writ application.

The petition has moved through the Court of Appeal in stages. It was fixed for August 25 at a hearing in late July, while the intervening petitions — filed by parties including Venerable Bengamuwe Nalaka Thera and Archbishop of Colombo Malcolm Cardinal Ranjith — were taken up separately in early August.

Monday’s order brings consideration of those intervening applications onto the same date as the main petition. No date has been indicated for a final determination.