Alleged illegal arrest of a Lawyer: SC grants leave to proceed with FR petition

The Supreme Court has granted leave to proceed with a Fundamental Rights petition filed by a lawyer who sought a declaration that his arrest by CID was illegal and in violation of his fundamental rights.

Supreme Court two-judge-bench comprising Justices Priyantha Jayawardhana and Justice Vijith Malalgoda granted leave to proceed in terms of Articles 12(1) and 13(1)
The petitioner Roshan Dehiwala, an Attorney-at-Law by profession filed this petition naming IGP Chandana Wickremaratne, DIG Prasad Ranasinghe, OIC Induka De Silva, Woman SI Seneviratne, Sergeant Thusitha and Attorney General as respondents.

The petitioner stated that has an extensive practice in Magistrate’s Courts and High Courts and had appeared on behalf of former IGP Pujith Jayasundera in the trial relating to his alleged involvement in the Easter Sunday Attacks.

The petitioner stated that on October 25, 2022 he along with his wife went to the Horana town to purchase some books for their children. The petitioner said he dropped his wife at the bookshop and parked the car in front of a bank. He said whilst he was waiting for his wife, three police officers in civil clothes surrounded his car and requested him to accompany them to the CID. The petition was informed that a complaint had been made by a person named Samaranayake on February 25, 2019 and that a statement had to be recorded from him relating to the said complaint. At the CID, the petitioner was informed by fifth respondent Sargent Thusitha that the said Samaranayake had made a complaint relating to several cheques issued by the petitioner amounting to Rs.40.6 million which had got returned due to insufficient funds in petitioner’s account.

The petitioner had stated to the fifth respondent that his arrest was arbitrary and illegal, no reasons were furnished by police at the time of his arrest and no inquiry has been held with regard to the said complaint made in the year 2019 nor had any statement been recorded from the petitioner. The petitioner further said although he was informed by CID that he was taken to the CID only for the purpose of recording a statement, he was kept overnight at the CID.

He further said he was ordered to be remanded for seven days after being produced before Horana Magistrate’s Court and subsequently enlarged on bail.

The petitioner alleged that there was no reason warranting his arrest and that he was not arrested in accordance with the procedure established by law and thereby the respondents have unlawfully arrested him in violation of his fundamental rights guaranteed to him in terms of Article 13(1) of the constitution. He further alleged that he was arrested in a humiliating manner and false and malicious allegations and defamatory statements were made against him causing humiliation and pain of mind.

Counsel Faisza Musthapha Markar with Zainab Markar and Bishran Iqbal Instructed by Dilini Gamage appeared for the petitioner.(Lakmal Sooriyagoda)