The Court of Appeal (CA) was informed on Tuesday (21) that although the former Director of the State Intelligence Service (SIS), Major General (Retired) Suresh Sallay had made extensive presentations to the Security Council in 2016 on the growing threat of Islamic extremism and Islamic State of Iraq and Syria (ISIS) ideology in Sri Lanka, a senior member of the Council had objected to those submissions.
The claim was made during the hearing of a writ petition filed by Sallay challenging his arrest and detention under the Prevention of Terrorism (Temporary Provisions) Act in connection with investigations into the 2019 Easter Sunday terror attacks.
Submissions from the petitioner’s side, which continued for seven days, were concluded on Tuesday before a bench comprising the CA’s President, Justice and President’s Counsel (PC) Rohantha Abeysuriya and Justice K. Priyantha Fernando. Appearing for Sallay, Sanjeewa Jayawardena PC told Court that his client, while serving as the Director of the Army Intelligence Directorate in 2016, had alerted the Council about the spread of ISIS ideology in Sri Lanka and had proposed measures to counter Islamic extremism.
The counsel said that the Army Intelligence Directorate had investigated a Sri Lankan national linked to ISIS who was killed in an air strike in Syria. Following that investigation, Sallay had prepared a “concept paper” outlining measures to combat Islamic extremism and had proposed establishing a task force to address the issue. According to the submissions, these recommendations had been presented to the then Defence Ministry Secretary K Hettiarachchi.
However, a senior individual on the Council had expressed dissatisfaction with Sallay’s warnings regarding Islamic extremism. The counsel further stated that the matter had been referred to in evidence given before the Justice Janak de Silva Commission by former Army Commander, General Crishanthe de Silva, who had indicated that the response within the Council had affected the progress of the measures proposed by Sallay.
He also claimed that Sallay was removed from the Army Intelligence Directorate and appointed to a diplomatic posting in Malaysia about two months later due to political reasons. Questioning the allegations against his client, Jayawardena PC told Court that an individual who had raised concerns about Islamic extremism could not be described as the mastermind behind the Easter Sunday attacks. He further questioned how the threat of extremism could be addressed if Intelligence officers involved in investigating such activities were themselves being remanded.
The counsel also criticised the manner in which the Criminal Investigation Department (CID) obtained a statement from asylum seeker Azad Maulana, claiming that CID officers had travelled to France and recorded his statement at the Sri Lankan Embassy premises. He alleged that Maulana, who is seeking political asylum, had made statements critical of the Sri Lankan Judiciary and questioned how a statement from such a person could be relied upon in the investigation. The counsel also rejected Maulana’s allegation that Sallay met a group linked to Easter attacks bomber Zahran Hashim in Wanathawilluwa in February 2018, stating that Sallay was not in Sri Lanka at the time.
Referring to evidence submitted before the Supreme Court, Jayawardena said that former SIS Director Nilantha Jayawardena had stated in an affidavit that he had sent a WhatsApp message regarding the planned Easter Sunday attacks to the then Senior Deputy Inspector General of Police and incumbent Public Security Ministry Secretary Ravi Seneviratne on the evening before the attacks. He also claimed that Seneviratne had informed the de Silva Commission that the CID was aware of the extremist activities of Hashim and his followers, and questioned why preventive action was not taken.
The PC further argued that Sallay’s personal background contradicted allegations that he was involved in attacks against Christian places of worship. He told Court that Sallay’s mother was a Christian, that she had attended a church in Nugegoda on the day of the Easter Sunday attacks, and that Sallay himself regularly attended the Saint Anthony’s Church with his mother.
Following the conclusion of the petitioner’s submissions, Deputy Solicitor General Suharshi Herath Jayaweera, appearing for the Attorney General, informed Court that preliminary objections would be raised against the petition. The Court directed that those objections be submitted on 27 July.