By Maheesha Mudugamuwa
The lawyer of Samarasinghe Arachchige Madush Lakshitha alias Makandure Madush, who was shot dead in crossfire between the Police and other suspected underworld figures at the Maligawatte Housing Complex on Tuesday (20), raised concerns over the moving of his client from the Criminal Investigation Department (CID) to the Colombo Crime Division (CCD), contrary to specifications in the detention order (DO) issued in July this year.
In a letter written to the President of the Bar Association of Sri Lanka (BASL), the lawyer, Chaminda Athukorala stressed that his client was held on a DO under the Prevention of Terrorism Act No. 48 of 1979 (PTA), that was renewed from time to time.
[caption id="attachment_24227" align="alignleft" width="300"]
Makandure Madush[/caption]
According to him, the last such DO was dated 28 July 2020 and was to expire on 28 October 2020.
“You are aware that in terms of the PTA, such a DO could only be made for a period of 18 months. Accordingly, my client's continued detention was to lapse on 28 October 2020. Be that as it may, you are aware that the DO in terms of the law must specify the place of detention. The said place of detention for the DO numbered above, was the CID. However, illegally and arbitrarily, my client was moved from the CID to the CCD on or around 16 October 2020. The said move was illegal and was precluded (sic) from the incident which took place this morning (20),” Athukorala stated in his letter to the BASL President dated Tuesday.
Requesting the BASL President to urgently take up the matter with the relevant authorities and condemn the action in the strongest possible terms, Athukolara stated: “Fearing such imminent threat to the life of my client, his wife, upon our advice, wrote to the Director of the CCD on 17 October 2020 and informed them by way of a phone call regarding the ruse by state agencies.” The letter then specified the fear and apprehension Madush’s wife endured as a result of the manner and mode of the murder of her husband whilst in police custody.
“It is recognised that as a civilised society which respects the rule of law, the recent spate of murders whilst in the custody of law enforcement agencies have gone unpunished with no investigation into the veracity of the narrative being forced down to the public.
“It is recognised that no civilised society should condone this behaviour. You are aware that the narrative put forth today by the law enforcement agencies regarding the murder of my client, is on the face of it, a pure fabrication,” the letter stated further.
Makandure Madush[/caption]
According to him, the last such DO was dated 28 July 2020 and was to expire on 28 October 2020.
“You are aware that in terms of the PTA, such a DO could only be made for a period of 18 months. Accordingly, my client's continued detention was to lapse on 28 October 2020. Be that as it may, you are aware that the DO in terms of the law must specify the place of detention. The said place of detention for the DO numbered above, was the CID. However, illegally and arbitrarily, my client was moved from the CID to the CCD on or around 16 October 2020. The said move was illegal and was precluded (sic) from the incident which took place this morning (20),” Athukorala stated in his letter to the BASL President dated Tuesday.
Requesting the BASL President to urgently take up the matter with the relevant authorities and condemn the action in the strongest possible terms, Athukolara stated: “Fearing such imminent threat to the life of my client, his wife, upon our advice, wrote to the Director of the CCD on 17 October 2020 and informed them by way of a phone call regarding the ruse by state agencies.” The letter then specified the fear and apprehension Madush’s wife endured as a result of the manner and mode of the murder of her husband whilst in police custody.
“It is recognised that as a civilised society which respects the rule of law, the recent spate of murders whilst in the custody of law enforcement agencies have gone unpunished with no investigation into the veracity of the narrative being forced down to the public.
“It is recognised that no civilised society should condone this behaviour. You are aware that the narrative put forth today by the law enforcement agencies regarding the murder of my client, is on the face of it, a pure fabrication,” the letter stated further.