The Supreme Court on Friday dismissed a Fundamental Rights petition that challenged the arrest and detention of former State Intelligence Service (SIS) Director Suresh Sallay under the Prevention of Terrorism Act, after the petitioner asked to withdraw it.
The petition was filed by Shantha Jayathilaka, a retired Air Force officer, and contested Sallay’s detention in connection with investigations into the Easter Sunday attacks, NewsFirst reported.
The bench and the objection
The matter was taken up before a bench of Chief Justice Preethi Padman Surasena and Justice Achala Wengappuli.
When the case was called, Additional Solicitor General Sudarshana de Silva, appearing for the Attorney General, informed the court that preliminary objections would be raised. He submitted that the petitioner lacked the necessary legal standing to maintain the application.
After those matters were clarified, the petitioner sought the court’s permission to withdraw the petition. The bench granted permission and ordered that the petition be dismissed without costs.
What this does and does not settle
The order disposes of this particular application on a procedural footing. Because the petition was withdrawn rather than argued, the court made no finding on the substance of the challenge — that is, on whether Sallay’s arrest and detention under the PTA were lawful.
Sallay, who headed the SIS under the previous administration, has been held under the PTA as part of the reopened investigation into the April 2019 bombings. The Supreme Court previously ordered a report on his health while in detention, and the case has run alongside continuing international scrutiny of the Easter investigation.
Not reported
The report does not say when the petition was originally filed, what relief it sought, whether Jayathilaka gave a reason for withdrawing, or whether any separate challenge to the detention remains before another court.
