The Supreme Court has concluded hearings on fundamental rights petitions filed by Criminal Investigation Department Director Shani Abeysekara and two others challenging their arrest and remand by the Colombo Crime Division, and has reserved its judgment, Ada Derana reported.
The petitions were taken up before a three-judge bench comprising Chief Justice Preethi Padman Surasena, Justice Achala Wengappuli and Justice Gihan Kulatunga.
Counsel for the petitioners argued that their clients were unlawfully arrested and remanded in connection with investigations into the murder of businessman Mohammed Siyam, alleging that evidence had been fabricated during the Colombo Crime Division investigation. They further claimed the arrests violated the fundamental rights of the petitioners. Counsel representing the CCD officers named as respondents maintained that the arrests were carried out pursuant to a court order.
After hearing submissions from both sides, the Supreme Court directed that written submissions, if any, be filed within one month, and said the date for delivery of judgment would be announced later. In a separate petition, the court also concluded hearings on Abeysekara’s challenge to his transfer following the assumption of office by former President Gotabaya Rajapaksa, and similarly reserved verdict.
The twin reservations mean two parallel Supreme Court rulings on the long-running Abeysekara docket are now pending, only one day after the Administrative Appeals Tribunal cleared the CID Director for promotion to Deputy Inspector General with effect from August 2020. The Siyam-case FR petition addresses the lawfulness of the post-2019 CCD arrest itself, while the transfer petition addresses career-interference under the Gotabaya administration.
