The Supreme Court today directed the IGP to file a status report in the Fundamental Rights petition filed against the alleged criminal conduct of former State Minister in charge of Prisons, Lohan Ratwatte at the Anuradhapura prison.
The Supreme Court made this order subsequent to a request made by President’s Counsel M.A. Sumanthiran who appeared on behalf of the eight prisoners. The Supreme Court had earlier issued an interim order directing the IGP to take action against Lohan Ratwatte.
The Supreme Court had further issued an interim order to immediately transfer eight prisoners from Anuradhapura prison as a measure of ensuring their security.
Eight prisoners detained under the Prevention of Terrorism Act (PTA) at the Anuradhapura prison had filed this Fundamental Rights petition through their lawyers.
The Supreme Court bench comprising Justice S. Thurairaja, Justice Achala Wengappuli and Justice Arjuna Obeysekera fixed the petition to be taken up for argument on August 9.
The Supreme Court had decided to grant leave to proceed in terms of Article 11, 12(1) and 12(2).
The petitioners are seeking an order in respect of the alleged serious offences committed by State Minister Ratwatte at the Anuradhapura Prison on I2th of September 2021.
The petitioners stated that on the 12th of September around 6.05 pm, the ten detainees were asked to come out into the Prison complex’s courtyard. They said the State Minister and another person who appeared to be his Secretary, some others who looked like his security detail and some Prison guards were there.
They said the State Minister told the detainees to stand in a semi-circle and ordered them to kneel before him.
The petitioners alleged the State Minister started to abuse them in Sinhala saying that the President had given him all the power over PTA Prisoners and that he could either release them or shoot them dead. The petitioners further said the State Minister had a pistol in his hand and appeared to be intoxicated.
“The State Minister then demanded to know what crime each of the detainees had committed. He kept shouting abuse at the detainees for a while and then ordered eight Petitioners to go in. The detainees were all in great shock and fear. Later, the prison officials told them that the Minister has gone out of the Prison and for them not to be fearful,” the petitioners stated.
The petitioners are seeking a declaration that their fundamental rights guaranteed under Articles 11, 12(1) and 12(2) have been infringed by the respondents. They are also seeking an interim order to enlarge them on bail.
State Minister Lohan Ratwatte, Justice Minister Ali Sabry, Prison Superintendent of Anuradhapura M.H.R. Ajith, Commissioner General of Prisons Upuldeniya and Attorney General were named as the respondents in the petition.
President’s Counsel, M.A. Sumanthiran, Counsel K. Sajanthan, T. Jayasingham and D. Mascranghe under the instructions of Attorney-at-law Mohan Balendran appeared for the petitioners.
