No Order to arrest and produce Thilanga - AG

In a startling turn of events, Senior State Counsel, Shavindra Fernando, representing the Attorney General and the Solicitor General and the other Respondents, Director, CID, Superintendent of Police and the IGP stated to Their Lordships of the Supreme Court, that the Attorney General had not directed the CID to arrest and produce Thilanga Sumathipala.

This shocking turn of events took place, when the Fundamental Rights' Application made by Thilanga Sumathipala was taken up for Hearing today before Their Lordships the Chief Justice Sarath N. Silva and Justices P. Eddusuriya and Nihal Jayasinghe.

When Shavindra Fernando Senior State Counsel, at the request of His Lordship the Chief Justice read out the Letter written by the Attorney General to the CID, it had, inter-alia, stated - "to report facts to Court and produce ....". This last phrase was deleted by the Supreme Court in terms of the statement made to the Supreme Court by Senior State Counsel.

This surprising statement to the Supreme Court comes in the background of the wide-spread publicity in the media, that the Attorney General had given a direction to the CID to arrest and produce Thilanga Sumathipala. It had also been reported that several Police teams had gone to various locations in search of Thilanga Sumathipala, since the evening of Thursday, November 27, 2003.

President's Counsel, Rienzie Arsekularatne, P.C., appearing for Thilanga Sumathipala sated to the Supreme Court that there are no material facts, even to be reported to the Magistrate's Court and that he could demonstrate in the Supreme Court that there was no material facts for the alleged charge even to be made against his Client, Thilanga Sumathipala.

The Supreme Court directed the Senior State Counsel, Shavindra Fernando that he could report, whatever facts he has to the Magistrate's Court and directed Rienzie Arsekularatne, P.C., to so demonstrate in the Magistrate's Court that there are no material facts. It was agreed by the Senior State Counsel, Shavindra Fernando, with Rienzie Arsekularatne, P.C., that he would report the facts tomorrow to the Magistrate's Court and Rienzie Arsekularatne, P.C., undertook to make representations in such regard in the Magistrate's Court.

His Lordship the Chief Justice further observed that Magistrates could not act arbitrarily and that the relevant facts and material would have to be considered before a Magistrate makes any judicial order. Chief Justice Sarath N. Silva cited the Supreme Court Judgment by Justice Dheeraratne in Mahanama Thilakaratne's Case, where guidelines had been laid down clearly by the Supreme Court, as to how a Magistrate should consider the facts and material before exercising any judicial power.

Rienzie Arsekularatne, P.C., together with Saliya Peiris, Harim Gomes, Wasantha Batagoda Attorneys-at-law instructed by Priyantha Upali Amarasinghe, Attorney-at-Law appeared for Thilanga Sumathipala. Senior State Counsel, Shavindra Fernando, together with Uditha Egalahewa, State Counsel, appeared for the above Respondents.