The Attorney General yesterday gave an undertaking to the Supreme Court that Samagi Jana Balawegaya (SJB) Parliamentarian Harin Fernando will not be arrested until September 1, in connection with the Easter Sunday Terror Attacks.
Harin Fernando had filed a Fundamental Rights petition in the Supreme Court seeking an order preventing police from arresting and detaining him in connection with the Easter Sunday Terror Attacks.
Deputy Solicitor General Dileepa Pieris appearing for the Attorney General gave this undertaking in respect of the Fundamental Rights petition filed by Harin Fernando. Peiris informed Court that Police are expecting to record a statement from Harin Fernando in line with ongoing investigations.
The Supreme Court three-judge-Bench comprising Priyantha Jayawardena, Justice Kumuduni Wickremasinghe and Justice Mahinda Samayawardena fixed the petition for support on September 1.
President’s Counsel Romesh de Silva under the instructions of counsel Sanath Wijewardane appeared on behalf of Harin Fernando.
In his petition, Harin Fernando further sought an order preventing police from taking any steps to detain him in custody under the Prevention of Terrorism Act (PTA) in connection with the Easter Sunday attacks.
Fernando has named CID Director Rohana Senaratne, Inspector General of Police Chandana Wickremaratne, Minister of Public Security Sarath Weerasekara and the Attorney General as respondents.
Fernando stated he has been questioned in respect of a comment he made at a press conference on April 21, 2019.
He said the motive behind the statement he made was to alert the public to the fact that though the authorities appeared to be totally unaware of the attack, his father who was of advanced age and who was seriously ill and hospitalized in the ICU had information of the attack.
The petitioner stated that he has given evidence to the Commission of Inquiry on the Easter Sunday attacks.
He stated that neither the CID nor the Commission of Inquiry had any reason whatsoever to suspect the petitioner of any involvement in the Easter Sunday Terror Attacks.
The petitioner stated that there is no allegation whatsoever that the petitioner was in any way or manner responsible for the Easter Sunday Terror Attacks.
The petitioner said that he has in the recent past severely castigated the government in particular over the Easter Sunday Terror Attacks. He said on April 20, 2021, he made another sharp speech in parliament criticizing the Government and its leaders for the Easter Sunday Terror Attacks and there was a commotion in Parliament subsequently.
Fernando said subsequent to his speech, a number of Government Parliamentarians and organizations linked to the Government have requested the CID to investigate the petitioner and take criminal action against him. The petitioner further said that he was reliably informed by several persons that he would be arrested and detained under the terms of the PTA. He stated that on hearing that he would be arrested and detained under PTA, he developed severe chest pains and was admitted to the Nawaloka Hospital on April 22, 2021
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