The Court of Appeal decided yesterday (8) to announce the decision on whether to issue an interim restraining order on the further extension of the detention order issued in respect of Nadun Chinthaka Wickramaratne aka “Harak kata” on September 15.
The suspect is currently being held in the Criminal Investigation Department on detention orders after he was arrested in Madagascar. The Court of Appeal concluded considering the basic facts of the parties regarding the writ petition filed challenging the second detention order.
The petition was called before a Court of Appeal bench comprising its President Justice Nissanka Bandula Karunaratne and Court of Appeal Judge M.C.B.S.Moraes.
Deputy Solicitor General Janaka Bandara, who appeared for the Attorney General, presented some preliminary objections against this petition. He said that there are 23 cases against the petitioner in different courts regarding murder, attempted murder and drug charges.
The Deputy Solicitor General said that he has been found guilty in two cases and the rest of the cases are still being heard in courts, and said that none of those facts have been mentioned in this petition. Therefore, the Deputy Solicitor General noted that the suspect had no clean hands.
He said that the petitioner escaped to India by boat and went to Dubai using a fake passport and was arrested by its officials while fleeing to Madagascar in a private jet.
The private jet in which he travelled belongs to a person named H.M.K.N.Bandara and it has been revealed during investigations that he is in contact with international terrorist organizations including the LTTE. Accordingly, the Deputy Solicitor General pointed out that the Prevention of Terrorism Act applies to him.
He also said that the Minister of State Security, who approved detention orders regarding the petitioner, was not named as a respondent in this petition and likewise, the petition did not name the essential parties as respondents.
Also, the Deputy Solicitor General pointed out that since the day the petitioner was brought to Sri Lanka until now, the petitioner has been trying to abuse the judicial system of Sri Lanka by submitting various petitions to the Court of Appeal and the Supreme Court.
He mentioned that since officials want to carry out further investigations on the petitioner if he is remanded, it may hinder it. Therefore, he requested the court to dismiss this petition demanding an interim restraining order on the further extension of the detention order issued in respect of Nadun Chinthaka Wickramaratne.
Nelka Medagedara