SC gives okay for FR case filed by man arrested after Easter Sunday bombings

The Supreme Court this week granted leave to proceed with a Fundamental Rights petition filed by a resident of Aluthgama over his arrest and detention following the Easter Sunday bomb attacks.

Twenty-five-year-old Mohammed Thufail Mohammed Milhan, who owns a jewellery shop in Attidiya, was taken in by the Mt Lavinia police on May 5, after being told a statement was required of him. He claims he has never had any criminal charges against him, nor has he been party to any court proceedings.

Milhan told his brother, Mirzan, that the police had asked him whether he had telephoned various persons, but that he could not recognise these names. He had also been questioned in relation to content on his Facebook account.

On May 8, Sub Inspector Saliya (a respondent in the case) informed Mirzan there was a Detention Order (DO) against Milhan and he would only be released after further investigations. On May 29, Mirzan complained to the Human Rights Commission of Sri Lanka (HRCSL). Upon following up, the HRCSL notified him they were not given the DO related to Milhan, despite being told by police that it existed.

The case related to Milhan was taken up in open court on June 10. His lawyer informed the Magistrate that he was held at the Mt Lavinia police station for around 35 days without being produced in court and without a DO.

On June 11, the Mt Lavinia police informed the Magistrate they did not have a DO. The Magistrate did not make an order on the application for Milhan’s release and recorded that no DO was made available. He was returned to the custody of the Mt Lavinia police. Milhan subsequently petitioned the SC over his arrest, alleging he was unlawfully detained without any legal authority, as there was neither a remand order nor a DO. His counsel stated in court that Milhan was hurriedly released on July 10, after his petition came up for support the previous day.

His petition states that his arrest appears to have been made in terms of the PTA, but that the only information available to him was that his name appeared at number 84 on a list of persons issued to the Mt Lavinia police by the Chief of National Intelligence (CNI); and “the vague allegation” that he shared material on his Facebook page relating to the violence in Aluthgama in 2014 that is purportedly extremist in nature.

The respondents are the Headquarters Inspector of Mt Lavinia police, SI Ramanayake, SI Saliya, the Inspector General of Police, CNI Maj Gen Ruwan Kulatunga, the Defence Ministry Secretary and the Attorney General.