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Natasha’s statement not hate speech under ICCPR Act: Colombo HC

6 July 2023 08:59 am - 15     - {{hitsCtrl.values.hits}}

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In an order delivered by Colombo High Court on Wednesday (5) observed that the alleged statement said to have been made by Stand-up comedian Nathasha Edirisooriya does not on the face of it (ex-facie) comes under section 3(1) of ICCPR for advocating national, racial or religious hatred that constitutes incitement to hostility or violence.

Colombo High Court Judge Adithya Patabendige while ordering Natasha Edirisooriya to be released on a personal bail of Rs.100,000, observed that remanding this suspect until now under the ICCPR Act is not an appropriate condition. 

The High Court Judge said the aspiration of the legislature of introducing the this act was to enact appropriate legislation to give effect to those civil and political rights referred to in the aforesaid Covenant. 

"The duty of the judiciary is to apply the judicial mind and take necessary action on the charges against a suspect arrested for committing cognizable offence by the investigative officers, instead of remanding a suspect", the judge said.

The High Court Judge further observed that there is no adequat evidence to support that the alleged statement made by the suspect on April 1, 2023 has incited hostility or violence by the target group (audience). (Lakmal Sooriyagoda )


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  Comments - 15

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  • Do Doo Dooo Chin Thursday, 06 July 2023 10:59 AM

    Hats off Colombo High Court Judge for your wise conclusion.

    johan Thursday, 06 July 2023 11:01 AM

    Can she claim compensation and file defamatory case against for false arrest and jailed

    Mother Lanka Union Thursday, 06 July 2023 11:05 AM

    Nothing wrong with Natasha this is the General Verdict of Sri Lankan Citizens being on the right side.

    pradeep Thursday, 06 July 2023 12:45 PM

    Great statement by the judge,

    Pina Thursday, 06 July 2023 01:03 PM

    Bravo. Now who interpreted the law to arrest her. Who are the behind the seen? Much talk about, will realise when we see stop to these random unreasonable arrest on the behest of 'see you next Tuesday' politicians

    Mahila Friday, 07 July 2023 04:24 AM

    Why did the LEARNED Magistrate in the 1st place remand her!!!??? So, Learned Magistrate was not aware of the scope of ICCPR act and it's APPLICABILITY or NOT to the case!!!??? Or misrepresentation by Prosecutors!! Else was it accidental suppression of material to the contrary?? Whither Sri Lanka!!!??? Jurisprudence on Crossroads!!!

    Dealdasa Thursday, 06 July 2023 01:07 PM

    A Travesty of Justice? How will they compensate the victim ?

    Sumo Thursday, 06 July 2023 02:00 PM

    The award for Advocating national, racial, or religious hatred that constitutes incitement to hostility or violence should go to Gnanasara

    A Thursday, 06 July 2023 02:09 PM

    Weldone your honour.

    DillonDP Thursday, 06 July 2023 02:31 PM

    Then why the bail money

    Mohammed intiquab Ghouse Thursday, 06 July 2023 03:08 PM

    Good decision by the learned judgment.

    Frank Thursday, 06 July 2023 03:31 PM

    Released on bail. Not acquitted. This is not the case about her alleged crime. This is the case of her bail application.

    Ian Bishop Thursday, 06 July 2023 06:59 PM

    Her campaign moto hurts truth haters.

    maha Thursday, 06 July 2023 08:14 PM

    Should compensate her Who is responsible for unlawful arrest.

    Fastforward Friday, 07 July 2023 04:39 AM

    Great news, Awake of the judiciary!


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