Court orders to produce ‘Harak Kata’ before a Magistrate

By Lakmal Sooriyagoda  

The Court of Appeal today held that Nadun Chinthaka Wickramaratne alias ‘Harak Kata’ should be forthwith produced before a Magistrate if the CID is unable to produce fresh evidence to the Minister of Defence that he had committed any offence under the Prevention of Terrorism Act (PTA).  

The Court of Appeal two-judge-bench comprising Justice (President) Nissanka Bandula Karunaratne and Justice Chamath Morais held that since the CID had not produced any evidence that Harak Kata had committed any offenses under the PTA, if they are unable to produce further new evidence that he had committed offenses under the PTA, then he must be produced before the Magistrate forthwith.  

Eight suspects including the alleged drug kingpin Nadun Chinthaka alias “Harak Kata” and his accomplice identified as Salindu Malshika Gunaratne alias “Kudu Salindu” were arrested in Madagascar for alleged drug trafficking charges. Nadun Chinthaka was detained under CID custody for allegedly committing offences under PTA.   

In his petition, Nadun Chinthaka stated that he has been wrongfully subjected to detention by the Detention Orders made in complete contravention of the laws. He further said Detention Orders have been obtained in the absence of any evidence of the purported connection of him to a terrorist organization or that he is unlawfully collecting firearms.   The petitioner further said the exercise of powers under the PTA in the absence of credible, actionable evidence is a manifest abuse of powers vested in the Executive under the PTA and is liable to be reviewed by the Court. Nadun Chinthaka has been named a suspect or indicted in respect of eight criminal cases at several courts.  

Senior Counsel Senany Dayaratne with Counsels Nishadi Wickramasinghe, Sanjaya Ariyadasa, Thiru Amirthalingam and Achinika Fernando, instructed by Thushari Jayawardena appeared for the Petitioner.