The Court of Appeal on Thursday (11) postponed further consideration of former State Intelligence Service (SIS) Director Major General (Retired) Suresh Sallay’s writ petition challenging his detention under the Prevention of Terrorism Act (PTA) until July 10. The petition seeks to invalidate the detention order issued against him following his arrest by the Criminal Investigation Department (CID).

The bench comprised Court of Appeal President Justice Rohantha Abeysuriya and Justice Priyantha Fernando.

Appearing for Sallay, President’s Counsel Sanjeewa Jayawardena made detailed submissions outlining how the ISIS ideology had operated within Sri Lanka in the years leading up to the April 2019 attacks. Jayawardena told court that information had revealed 39 Sri Lankan nationals had travelled to Syria and joined ISIS, citing a Parliament statement by former Justice Minister Wijeyadasa Rajapakshe on the same.

The President’s Counsel said investigations into the vandalism of Buddha statues in Mawanella had revealed the presence of an extremist international terrorist ideology behind the incidents, but that the then CID Director Shani Abeysekara had failed to conduct proper investigations. Despite indications of foreign terrorist involvement and the availability of Interpol assistance, Jayawardena alleged the CID had acted negligently.

He told the court that between April 20, 2016 and April 30, 2019, a total of 97 intelligence reports relating to extremist activities led by Zahran Hashim and his associates had been submitted to the Inspector General of Police, citing an affidavit submitted to the Supreme Court by former SIS chief Nilantha Jayawardena. A list of 129 individuals alleged to have supported extremist activities had also been submitted. He said the then CID Director and former Senior Deputy Inspector General Ravi Seneviratne had failed to act on the warnings.

Jayawardena added that Indian intelligence agencies had on April 4, 2019 alerted Sri Lankan authorities to a planned suicide bombing, knife attack and truck attack targeting Christian churches, tourist hotels and the Indian High Commission in Colombo by Zahran Hashim and his followers — with intelligence inputs that even named the expected attackers. He further noted that no commission or investigation had identified Sallay’s involvement in the attacks, and that a committee chaired by former High Court Judge Jayaki de Alwis had recommended legal action against Abeysekara and Seneviratne for failing to prevent the bombings.

The hearing is the latest stage in a series of legal challenges by Sallay’s defence team, who have also sought daily hospital access for his wife and lawyer while he continues a hunger strike at the Colombo National Hospital. A separate satyagraha campaign at Colombo Fort was suspended this week pending a court-appointed medical board assessment.

Sources