• IGP to issue guidelines on arrests under ICCPR Act

A former Officer-in-Charge (OIC) of the Computer Crimes Investigation Division of the Criminal Investigation Department (CID) expressed regret before the Supreme Court (SC) yesterday (19) over the arrest of comedian Nathasha Edirisooriya under the International Covenant on Civil and Political Rights (ICCPR) Act, over allegations of insulting Buddhism.

A letter conveying this expression of regret was also submitted to the SC through a State Counsel representing the Attorney General’s (AG) Department. Apologising before the SC, the former OIC of the CID’s Cyber Crimes and Intelligence Analysis Unit, M.M.U. Subasinghe conveyed his regret in relation to the arrest, which had been carried out under the ICCPR Act in 2023. In his written letter of apology submitted to the Court, Subasinghe said, “As the Officer who effected the arrest, and having considered the totality of the circumstances, I express my profound regret over your arrest on 27 May 2023 and your subsequent placement in remand custody until 5 July 2023. I further express my deep regret for the damage caused to your reputation and dignity, as well as the mental and emotional distress suffered by you as a result of the arrest and remanding.”

These submissions were made when Edirisooriya’s Fundamental Rights petition — filed over what she alleged was an unlawful arrest — was taken up before a three-Judge bench of the SC headed by Chief Justice (CJ) Preethi Padman Surasena. Edirisooriya was present in Court when the matter was called. 

Addressing her, Surasena CJ said the Court appreciated the manner in which the case had been resolved.

Edirisooriya was arrested on 27 May 2023 and detained after receiving a complaint that she made jokes allegedly insulting to Buddhism during a stand-up comedy show. Edirisooriya was charged with "uttering words with deliberate intent to wound religious feelings" (Section 291A of the Penal Code), "deliberate and malicious acts intended to outrage religious feelings" (Section 291B of the Penal Code), and "propagating war and advocating national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence" (Section 3 of the ICCPR Act).

The State Counsel further informed the Court the Inspector General of Police (IGP) has decided to issue a set of guidelines outlining procedures to be followed when making arrests under the ICCPR Act, in order to prevent its potential misuse or unlawful actions. The AG’s Department, appearing for the respondents, informed the Court the IGP would issue a circular containing a set of guidelines to all Police officers in order to prevent unlawful arrests under the ICCPR Act in the future. The Court was told that the circular would be issued within two weeks. The Department further said that the petitioner Edirisooriya had reviewed the proposed guidelines and expressed her agreement.

The Court then directed the respondents to notify it by way of motion within two weeks of issuing the IGP’s circular. Following these submissions, the Court ordered that the hearing of the petitions be concluded. The bench thereafter ordered that the proceedings be concluded.