Fundamental Rights petition withdrawn

By Susitha R. Fernando and S. S. Selvanayagam 

The Colombo High Court yesterday acquitted the ‘North Eastern Monthly’ magazine publisher Vetrivail Jaseeharan and his fiancée who were charged under Emergency Regulations and the Prevention of Terrorism Act. 

High Court Judge Ms. Kumudini Wickremasinghe acquitting the two suspects on an application made by the Attorney General also said the trial held so far had not found any evidence against the second suspect V. Valarmathy.

Earlier on August 31, senior Journalist J. S. Tissainayagam was convicted and sentenced to 20 years rigorous imprisonment by the High Court of Colombo for writing articles to the same magazine.

Arrested by the Terrorist Investigation Division on March 2008, Jaseeharan and his fiancée V. Valarmathy were charged under four counts under the Emergency Regulations Act and the Prevention of Terrorism Act. Jaseeharan was charged for printing, publishing and distributing the magazine during the period from June 1, 2006 to June 1, 2007 while Valarmathy was charged for aiding and abetting.

When the case was taken up last afternoon Senior State Counsel Rohantha Abeysuriya appearing for the prosecution informed court that the suspects had printed and published two articles written by journalist J. S. Tissainayagam who was convicted for writing and editing the articles and there was an appeal pending. In the premise Mr. Abeysuriya moved to withdraw the charge sheet and sought an acquittal of the two accused.

Making her order, Judge Wickremasinghe said so far only a voir dire inquiry was conducted to ascertain whether the alleged confession made by Vetrivail Jaseeharan at the TID was done voluntarily.

“However there is a doubt whether any sufficient evidence was presented to satisfy the court and whether the alleged confession was obtained voluntarily. It is doubtful whether any evidence would be available in the future,” the Judge said. In addition the High Court Judge observed that there was no confession made by the second accused, V. Valarmathy and there was no evidence presented against her. Considering the application by the Attorney General, she ordered acquittal the two accused.

SSC Rohantha Abeysuriya appeared for the prosecution. Saliya Peiris and K. V. Thavarasha instructed by Gowry Sangari Thawarasa appeared for the defence. 

Meanwhile last morning the Supreme Court allowed the withdrawal of the petitions filed by S. Jaseekaran and his fiancée V. Valarmathy challenging the arrest, detention and torture by the Terrorist Investigation Division.

The counsel for the petitioners sought from the Supreme Court bench comprising Justices N. G. Amaratunga, Saleem Marsoof and S. I. Imam for the withdrawal of the cases in view of the Attorney General withdrawing the indictments filed against them.

In a motion, they said that the Prosecution Counsel in the High Court had informed them that the Attorney General was considering the withdrawal of the indictments against the petitioners.

Jaseekaran in his petition had stated that on March 6, several officers from the TID including Inspector Janakantha arrived at his printing press at Jampettah Street and took him to his house at Kotahena. They searched the house and arrested him and his fiancée Valarmathy  and took them to the TID.

Following the arrest of Jaseekaran and Valarmathi, senior journalist J. S. Tissainayagam of “Outreach.sl.com.” website went to the TID on the same day and informed them that as a staff member that he could meet Jaseekaran.  This followed the questioning, arrest and detention of Tissainayagam by the TID.

J.C. Weliamuna instructed by Gowry Shangary Thavarasha appeared for the petitioners. Senior State Counsel Riyaz Hamza appeared for the respondents.