brand logo

Protestor monk likely to be freed, IUSF Convenor likely further jailed 

11 Nov 2022

BY Buddhika Samaraweera There are purported plans to extend the detention order on Inter-University Students' Federation (IUSF) Convenor Wasantha Mudalige, who is currently being detained under the Prevention of Terrorism (Temporary Provisions) Act, while Inter-University Bhikkhus’ Federation (IUBF) Convenor, Ven. Galwewa Siridhamma Thera, who is also being detained under the PTA, will most probably be released, The Morning learnt. Speaking to The Morning, well-placed sources stated that there are preparations to extend the detention order on Mudalige, as the 90-day detention order under which both of them are being detained by the Terrorism Investigation Division (TID) is to expire in the coming days. However, the sources stated that Siridhamma Thera will most probably be released. When contacted by The Morning, both Ministry of Defence Media Spokesman Colonel Nalin Herath and Police Media Spokesman, Senior Superintendent of Police and Attorney-at-Law Nihal Thalduwa said that they are unaware as to whether or not the 90-day detention order on Mudalige and Siridhamma Thera will be extended.  Speaking further, Thalduwa said: “This detention order has been issued for three months. When that period is over, the relevant investigating officers will decide on whether to extend it or not. We cannot express a definite opinion on that. Usually the TID does not inform us of such matters and we do not ask if the detention order will be extended or not. If it is extended, I will say that it was extended. As this is something that is related to the relevant ongoing investigations, we cannot confirn something in advance.” Meanwhile, the Supreme Court (SC) yesterday (10) issued an interim order directing the TID to produce Mudalige before a magistrate. This order was issued when the Fundamental Rights (FR) petition for allegedly violating the fundamental rights guaranteed under Articles 12(1) (equality before and equal protection of the law), 13(1) and 13(2) (freedom from arbitrary arrest and detention) of the Constitution, filed by Mudalige was taken up for consideration. The SC two-Judge bench comprising Justices Vijith Kumara Malalgoda and S. Thurairaja decided to grant leave to proceed with the said petition.  The SC also ordered the TID to provide family members and attorneys of Mudalige with adequate access to visit Mudalige, and to refer him to the Judicial Medical Officer (JMO) – Karapitiya for the relevant health check-ups. In addition, the SC permitted the petitioner to name Senior Deputy Inspector General of Police (SDIG) in charge of the Western Province Deshabandu Tennakoon as a respondent in the relevant FR petition.  President's Counsel Saliya Pieris appearing for Mudalige informed the court that SDIG Tennakoon's conduct amounts to the violation of the fundamental rights of Mudalige. The court was also informed that SDIG Tennakoon had sent a letter requesting the Secretary to the Ministry of Defence to detain Mudalige for alleged involvement in terrorism without sufficient material, and that he had sent the relevant letter without going through the IGP, thereby violating due process.  Samagi Jana Balawegaya Opposition MP Field Marshal Sarath Fonseka also commented on the detention of Mudalige and Siridhamma Thera. He said: “Recently, I went to Tangalle to see Mudalige. When I went there, I was told that he was not in Tangalle, but was being kept in the TID in Colombo. No one in the country knew that he was brought to Colombo. After that, I went to the TID. There was an SP who was said to be a Deputy Director. I asked him if I could see Mudalige. Then, he said that according to the new amendments to the relevant Act, a MP cannot be allowed to see a detainee. I think that MPs should have the opportunity to see an arrested person. This SP said that according to the previous legislation, one could see them, but not according to the new legislation. However, I found out that there has been no such change.  “Next, I asked him if Mudalige is a terrorist, and if there is terrorism taking place in this country. Then, this SP said that Mudalige is being detained to find out about such. To find out if there is terrorism, a youth is arrested and kept on a detention order. He is ill. A monk is also being held, and he too is ill. If this is the case, then what are the intelligence agencies doing? Both of them are seriously ill. If is any harm to their lives, remember what I say today: The people of this country will crush the Police and the TID to the ground. Not only that, the Ministers and MPs will also have to take insurance.” Mudalige's legal representatives on Wednesday (9) raised concerns regarding the likelihood of the extension of the detainment period of Mudalige for a further 90 days. One of the attorneys representing him, Attorney-at-Law Sunil Watagala, claimed while addressing the media that there is a likelihood of the prolongation of his detention by 90 more days. Furthermore, he said that it has been revealed that Mudalige had been questioned only three times, spanning nine hours of collective time, during his stay after his 31st day of detainment until the 81st day. The IUSF had organised a massive protest in Colombo on 18 August against President Wickremesinghe and the Government. A total of 16 university students who were arrested during that protest were released on bail after being produced before the Colombo Magistrate’s Court on 19 August, while Mudalige, Siridhamma Thera, and IUSF member Hashan Jeewantha were placed under detention by the Criminal Investigation Department.  Jeewantha was later released on bail after being produced before the relevant Magistrate; however, Mudalige and Siridhamma Thera are still being interrogated by the TID on a 90-day detention order signed by President Ranil Wickremesinghe in his capacity as the Minister of Defence.  


More News..