• Write to CID Director despite MC noting absence of Court authority 

The wife and legal representative of the former State Intelligence Service (SIS) Director, Major General (Retired) Suresh Sallay, have requested permission from the Criminal Investigation Department (CID) to visit him daily while he remains under treatment at the National Hospital of Sri Lanka (NHSL) in Colombo. The requests were made through separate letters addressed to the CID Director, following a Court ruling that declined to grant such access.

Sallay, who is being held under a detention order (DO) in connection with investigations into the Easter Sunday attacks, is currently receiving medical treatment while remaining in CID custody.

When the case was taken up before the Colombo Fort Magistrate’s Court on Wednesday (10), counsels representing Sallay sought an order allowing his wife and son to visit him each day during hospital visiting hours. However, Colombo Fort Magistrate Pasan Amarasekara ruled that he lacked the authority to issue such an order, noting that the suspect is being detained under the provisions of the Prevention of Terrorism (Temporary Provisions) Act (PTA). 

Following the Court’s decision, Sallay’s wife appealed directly to the CID Director, requesting permission for daily visits. His lawyer, Asith Siriwardena, also submitted a separate request, citing his professional responsibility to monitor his client’s condition, safeguard his rights and welfare, and keep the Court informed of the relevant developments. Attorney Siriwardena further stated that regular communication with his client is necessary, particularly as Sallay is reportedly engaged in a hunger strike.

The Court of Appeal yesterday (11) postponed further consideration of a writ petition filed by Sallay, seeking an order to invalidate the DO issued against him under the PTA, until 10 July. The petition was taken up before a bench comprising the Court’s President, President’s Counsel (PC) and Justice Nalin Rohantha Abeysuriya and Justice Priyantha Fernando. 

Appearing on behalf of Sallay, Sanjeewa Jayawardena PC made submissions regarding the spread of the Islamic State of Iraq and Syria (ISIS) ideology in Sri Lanka. He told the Court that information had revealed that 39 Sri Lankans had travelled to Syria and joined the ISIS, noting that former Justice Minister, Dr Wijeyadasa Rajapakshe PC had also made a statement in Parliament on the matter. The counsel alleged that although investigations into the vandalism of Buddha statues in Mawanella had uncovered links to foreign extremist ideology, then and incumbent CID Director Shani Abeysekara had failed to conduct adequate investigations into the matter. 

He further claimed that despite evidence suggesting the involvement of an international terrorist organisation and the possibility of seeking assistance from the International Criminal Police Organisation, the CID had not pursued further inquiries. Jayawardena PC also referred to an affidavit submitted to the Supreme Court by former SIS Director Nilantha Jayawardena, which stated that 97 intelligence reports on the activities of extremist groups led by Zahran Hashim had been forwarded to the Inspector General of Police between 20 April 2016 and 30 April 2019. He added that a list of 129 individuals allegedly linked to extremist activities had also been provided. 

According to the submissions, Abeysekara and former Senior Deputy Inspector General of Police and incumbent Public Security Ministry Secretary Ravi Seneviratne had failed to carry out proper investigations into the warnings and intelligence reports. He further told the Court that Indian intelligence authorities had informed Sri Lankan officials on 4 April 2019, of a planned suicide bombing, knife attack, and vehicle attack targeting churches, tourist hotels, and the Indian High Commission in Colombo. He said that the intelligence reports had even identified Hashim and several of his followers as those expected to participate in the attacks. 

However, he alleged that the relevant authorities had failed to act adequately on the intelligence received. He also argued that no investigation or commission report had ever found Sallay to be linked to the Easter Sunday attacks. Jayawardena PC additionally pointed out that the Committee headed by former High Court Judge Jayaki de Alwis had recommended legal action against Abeysekara and Seneviratne for failing to prevent the Easter Sunday attacks. 

Meanwhile, victims of the terrorist attack on the Saint Sebastian’s Church in Katuwapitiya staged a silent protest yesterday near the Baldiya Junction on the Negombo–Colombo main road, calling for an impartial investigation into the Easter Sunday attacks and urging the authorities not to interfere with the ongoing probe.