- Free Lawyers Association and Dinana Dakuna collective slam action against Opposition leaders, activists
The Free Lawyers Association has claimed that the Criminal Investigation Department's (CID) move to investigate several Opposition political leaders and activists over alleged contempt of court amounts to an attempt to restrict and suppress the freedom of expression and intimidate Government critics. Issuing a statement, the organisation criticised and condemned the CID's decision to act against former Ministers Wimal Weerawansa and attorney Udaya Gammanpila, Parliamentarian and Sarvajana Balaya Leader and attorney Dilith Jayaweera, and political activists Mahinda Pathirana, Asanka Nawarathne and Sugeeshwara Bandara.
In the statement, which was shared with The Daily Morning by the Association's Chief Executive Officer and former Governor Rajith Keethi Tennakoon, they stated that it is extremely rare and unusual in Sri Lanka's history for a Magistrate's Court to be called upon to consider matters involving the expression of views by political leaders and activists in a single case, deeming the development as a clear attempt at political repression and suppression.
Referring to the Contempt of Court, Tribunal or Institution Act, No. 8 of 2024, the Association claimed that the Legislation does not provide legal authority for the Police to institute or pursue and maintain independent contempt of court proceedings on behalf of the Judiciary. It charged that misusing Police powers to silence political figures and dissent under the guise of contempt of court would be inconsistent with democratic principles.
The Association further maintained that freedom of speech and expression is guaranteed under Article 14(1)(a) of the Constitution and that political leaders and activists have the right to express their political views without fear of criminal investigation. It also referred to the freedom of thought and conscience protected under Article 10, stating that these rights cannot be undermined by partisan actions within the Police service.
The statement follows the CID informing the Colombo Fort Magistrate's Court via a submission on Monday (15) that it had launched an investigation into statements allegedly made through the electronic media which, the investigators claimed, could affect, obstruct and interfere with ongoing investigations and processes involving former State Intelligence Service Director, Major General (Retired) Suresh Sallay, who is currently in remand custody, and could amount to contempt of court.
The CID also sought notices requiring these six individuals to appear before Court on 1 July. However, the Magistrate observed that such summons were not necessary at this stage and further noted that, as the matter falls under the said Act, any future legal action should follow the appropriate legal process and, if necessary, be initiated before the Court of Appeal.
The statement further referred to the appointment of the current CID Director, alleging political considerations in the process and claiming that law enforcement agencies are being used to target Government critics.
Meanwhile, the ‘Dinana Dakuna’ collective has condemned what it describes as politically motivated interference by the Police and the CID in matters related to contempt of court allegations, claiming that such actions are being used to restrict the freedom of expression. In a statement issued by the collective’s Leadership Board and Executive Committee, spokesperson, attorney Shiral Lakthilaka said that the organisation expresses opposition to what it terms the targeting of citizens’ speech and conscience rights under the guise of contempt of court proceedings. The statement refers to ongoing Police and CID action involving several individuals, including Weerawansa, Gammanpila, Jayaweera, Pathirana, Nawaratne and Bandara, and alleges that the process amounts to an attempt to suppress public criticism. The collective argued that the said Act does not provide legal authority for the Police to initiate or pursue contempt proceedings and claimed that the law is being misused to curtail dissent. It further alleged that recent CID actions are aimed at preventing the criticism of senior law enforcement officials and represent an improper use of legal provisions intended to safeguard judicial authority. According to the statement, such developments raise concerns over the politicisation of law enforcement and the use of Police powers to intimidate citizens, activists, and journalists. The Group also emphasised that freedom of expression and freedom of thought are protected under Articles 14(1)(a) and 10, and warned that restricting these rights undermines democratic governance. The collective called for an immediate halt to what it described as politically driven suppression and urged the authorities to ensure the protection of fundamental rights and the equal application of the law.