Suresh Sallay files writ petition challenging arrest and detention

By Lakmal Sooriyagoda 

Former Director of the State Intelligence Service, Major General Suresh Sallay, has filed a writ petition before the Court of Appeal challenging the legality of his arrest and detention in connection with investigations into the Easter Sunday attacks.   

The petition, filed through his legal representatives, seeks an interim order to stay the operation of the detention order issued against him under the Prevention of Terrorism Act (PTA). He has also sought an interim order suspending all further proceedings against him before the Colombo Fort Magistrate’s Court.   

The respondents named in the petition include Inspector General of Police Priyantha Weerasooriya, Criminal Investigation Department (CID) Director Shani Abeysekara, the Magistrate of Colombo Fort, the Attorney General, and several others.   

According to the petition, the investigation is based on a complaint lodged with the CID on October 4, 2024, by Rev. Fr. Rohan de Silva regarding allegations made in a documentary aired by the UK-based Channel 4 television network. The documentary featured claims by an individual identified as Mohommed Mihilal Mohommed Hanzir, also known as Azath Maulana, alleging a connection between Sallay and the Easter Sunday attacks.   

Sallay has strongly denied the allegations, asserting that he was not in Sri Lanka during the periods in which he is alleged to have had contact with extremist preacher Zahran Hashim or his associates.   

The petitioner states that he served as Minister Counsellor at the Sri Lankan High Commission in Malaysia from December 2016 to December 2018 and was residing in Malaysia during that period. He further states that from January 7, 2019, to November 29, 2019, he was in India attending the 59th National Security and Strategic Studies Course at the National Defence College in New Delhi.   

He further stated that the Easter Sunday attacks took place on April 21, 2019, during which time he was in India, not Sri Lanka.  

Sallay has also challenged the credibility of specific allegations in the Channel 4 documentary, including a purported meeting in February 2018 in Karadiyapuval, Puttalam, stating that such a meeting was “impossible” as he was serving in Malaysia at the time, having left Sri Lanka on December 1, 2016, and remained overseas until December 10, 2018.   

The petition further notes that his name does not appear in the report compiled by the Presidential Commission of Inquiry headed by Justice Vijith Malalgoda, which examined responsibility for the Easter Sunday attacks.   

Additionally, Sallay states that an Imam Committee appointed to examine the Channel 4 allegations had found no evidence linking him to Zahran Hashim or members of the National Thowheed Jamaath.   

The petition is scheduled to be supported by President’s Counsel Sanjeeva Jayawardena, along with counsel Rukshan Senadheera.