SDIG Waruna Jayasundera files Court of Appeal writ to bar arrest in Easter probe

Senior Deputy Inspector General of Police Waruna Jayasundera has filed a writ petition before the Court of Appeal seeking an order preventing his arrest in connection with the Easter Sunday terrorist attacks investigation, NewsFirst and Ada Derana reported on Wednesday.

The petition argues there are no reasonable grounds to justify an arrest. The Inspector General of Police and the Attorney General have been named among the respondents.

The filing comes alongside Public Security Minister Ananda Wijepala’s same-day disclosure that “credible evidence” links former intelligence chief Suresh Salley to the orchestration of the bombings, and as the Attorney General has formally named Salley as the “mastermind and contractor” before the Fort Magistrate. The Easter probe is currently before the Colombo Fort Magistrate’s Court, with the CID reporting witness intimidation incidents and overseas statements being recorded as part of the widening probe.

It is the second senior police filing in recent months seeking pre-emptive judicial protection from arrest in connection with the seven-year-old investigation. The Court of Appeal is yet to issue an order on the support hearing date.

Update — June 12 AG position

The Attorney General’s Department on Friday, June 12, told the Court of Appeal that no decision has been taken at this stage to arrest or detain Jayasundera under the Prevention of Terrorism Act. Deputy Solicitor General Suharshi Herath made the position public during the writ petition hearing. Following submissions, the Court of Appeal directed that the petition be taken up again on Wednesday, June 17.

Update — June 17: Proceedings concluded after AG undertaking

The Court of Appeal on June 17 ordered the suspension of further proceedings on Jayasundera’s writ petition after the Attorney General gave an undertaking that no decision had been taken at this stage to arrest him, NewsFirst and Ada Derana reported. The petition was taken up before a bench comprising Justices Shashi Mahendran and Aditya Patabendige. NewsFirst said the Deputy Solicitor General told court the Inspector General of Police had forwarded the relevant transfer recommendations to the National Police Commission, addressing an earlier direction from the bench. With the Attorney General’s undertaking on record, the bench stated that further proceedings on the petition would be discontinued.

Sources: NewsFirst; Ada Derana; Newswire — AG position; Ada Derana — Court concludes proceedings; Newswire — Court of Appeal suspends hearing; NewsFirst — No arrest decision, court closes writ case.