The Attorney General informed the Supreme Court that former Director of the CID, Mr. Shani Abeysekera, would not be arrested in connection with the complaints filed against him, alleging that proper legal action was not taken against suspects related to the Easter Sunday terrorist attack. The Attorney General further emphasized that there was insufficient evidence to prosecute him.
These facts were revealed by the lawyers appearing for the Attorney General when two fundamental rights petitions filed by Mr. Shani Abeysekera, challenging the complaints filed against him in the Colombo Fort and Kuliyapitiya Magistrate's Courts, were called. The hearing of these petitions was held before a Supreme Court bench comprising Justices Preethi Padman Sooriyasena and Gihan Kulatunga.
Here, Additional Solicitor General Sudarshana Silva and Deputy Solicitor General Sampath Bandara, appearing for the Attorney General, informed the court that the Criminal Investigation Department (CID) had conducted a comprehensive investigation into the relevant incidents. Government lawyers stated that based on these investigations, there was no intention to arrest Mr. Abeysekera as insufficient facts had been revealed to prosecute him.
Considering these submissions, the court granted permission to hear the fundamental rights petition filed against the complaint pending in the Fort Magistrate's Court. However, due to the notification that the complaint filed in the Kuliyapitiya Magistrate's Court would be withdrawn, Mr. Abeysekera withdrew the fundamental rights petition filed in relation to it.
President's Counsel Upul Kumarapperuma and Saliya Peiris, along with Attorney-at-Law Thanuka Nandasiri, appeared for the petitioner's side, while Deputy Solicitor General Sampath Bandara and Additional Solicitor General Sudarshana de Silva represented the Attorney General and made submissions before the court.