A youth filed a Fundamental Rights petition today in the Supreme Court challenging his arrest.
He alleged that the arrest was a sequel to social media posts with a hashtag (#), created to show the growing displeasure towards the President and the Government.
Chirantha Ranmal Anthony Amerasinghe (31), a self-employed software developer, has named IGP Chandana Wickramaratne, CID Director Rohana Premaratne, OIC Social Media Unit of CID, and several others as respondents in his petition.
Petitioner Amerasinghe states that in the modern-day, social media and public discussion on social media are vital and effective feedback mechanisms for good governance and silencing or attempting to dissuade the public, discussions and debate on matters of Government and State policies and actions are counterproductive in a democracy.
Petitioner Amerasinghe, filing his application through Attorney-at-Law Thamila Dinushi Perera, stated he was arrested and produced before the Colombo Magistrate Court by the CID on 18th November 2020 for encouraging the public to turn off their televisions during the address the President to the nation.
He also stated he encouraged people to post on social media the hashtag #GotaFail.
Subsequently, he was released on bail by the Colombo Magistrate Court.
Petitioner Amerasinghe said his arrest came while exercising his freedom of expression to demonstrate his dissent against the unjustified act of enforced cremation of COVID-19 victims.
Petitioner Amerasinghe alleged that the CID detained the devices he used to voice his opinion, to suppress his right of freedom of expression, violating the fundamental rights guaranteed by Article 14(1)(a) of the Constitution.
He is also seeking an Interim Order directing the Respondents to release either a data backup or the Electronics devices detained by the CID forthwith.
The Petitioner states that the Petitioner, as a citizen of Sri Lanka is entitled to criticize and comment and use cynicism and sarcasm as modes of communication to express his dissatisfaction as to how the Republic is being governed by the President and the Government as well as the public officials.
The petitioner said police had filed a B report alleging that there is a threat to national security and public security that was caused due to the said posts being published by the petitioner.
The Petitioner states that on 11th November 2021 the matter was mentioned before Magistrate, and the Respondents failed to provide a copy of the data of the devices of the Petitioner, despite being obliged under Section 22 of the Computer Crime Act.
The officers of the CID who appeared before the Court informed that the CID does not have any experts appointed in terms of the provisions of the Computer Crime Act to investigate the matter.
The Petitioner states that serious doubts arise as to the competency of the officers who carried out the investigation into the matters and their capacity and skill to carry out the investigations contemplated under the Computer Crimes Act.
The Petitioner states that the Respondents have violated the Petitioner’s fundamental right of peaceful assembly and association as guaranteed by Article 14(1)(b) and (c) of the Constitution by depriving the Petitioner of his mobile devices. The Petitioner said he was arrested without a warrant and he was not given reasons for his arrest.
Petitioner Amerasinghe, filing his application through Attorney-at-Law Thamila Dinushi Perera, stated he was arrested and produced before the Colombo Magistrate Court by the CID on 18th November 2020 for encouraging the public to turn off their televisions during the address the President to the nation.
He also stated he encouraged people to post on social media the hashtag #GotaFail.
