CA restrains CID from taking ‘Harak Kata’ out without sanction
The Court of Appeal issued an interim restraining order yesterday (15) preventing Nadun Chinthaka Wickremaratne alias ‘Harak Kata’ who is being detained at the Criminal Investigation Department from being removed from that place or taken to another place without the approval of the Court and the Attorney General.
This order issued in relation to the writ petition filed challenging the second detention order that has been obtained against him shall remain in force until the hearing of the petition is over.
Notice was issued ordering the Inspector General of Police, the Director of the Criminal Investigation Department and others to appear before the court on September 25 to present facts regarding the petition. This petition was called up for hearing before a panel of judges consisting of Court of Appeal President Judge Nissanka Bandula Karunaratne and Court of Appeal Judge M. C. B. S. Moraes. The President of the Court of Appeal, Nissanka Bandula Karunaratne, while announcing these orders, mentioned that the basic facts for and against, presented by factions regarding the petition drew the attention of the Bench.
He said that it was decided to call the respondents and hold a hearing regarding the petition as it appears that there are matters that draw the attention of the court.
Accordingly, an interim restraining order was issued stating that without the permission of the Defence Minister, the Director of the Criminal Investigation Department, the Inspector General of Police or their representatives should not remove the petitioner from the place where he is currently detained or take him to another place.The hearing of the petition was scheduled to begin on September 25.
Inspector Thusitha Kahagallage of the Public Complaints Unit, Inspector General of Police C.D.Wickremaratne and others are the respondents. The petitioner has stated that he was arrested by the security forces on February 1 in Madagascar while he was with six others including Kudu Salindu. It is stated in the petition that he was then brought to Sri Lanka and is being detained in the custody of the Criminal Investigation Department on the basis of detention orders and that the detention order has been extended for the second time. The petitioner requests court to cancel these detention orders as his life has been threatened due to continuous detention orders.
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