Lawyer Romesh told the court that Gota should not be arrested 'because his freedom would be restricted'.

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President's Counsel Romesh de Silva emphasized before the Court of Appeal yesterday (18) that since no evidence has yet been revealed linking former President Gotabaya Rajapaksa to the Easter Sunday terrorist attack, his fundamental freedom would be severely restricted if he were illegally arrested. These facts were presented when the petition filed by the former President, requesting to prevent his arrest and detention under detention orders based on the Prevention of Terrorism Act, citing information contained in a program recently broadcast by Britain's 'Channel Four' network, was considered.




The petition was heard before a two-judge bench comprising Court of Appeal President Justice Rohantha Abeysooriya and Justice Sarath Dissanayake, with the Inspector General of Police, Director of the Criminal Investigation Department (CID) Shani Abeysekera, and others named as respondents. The President's Counsel pointed out that the Fort Magistrate had already imposed a travel ban on his client and informed the court that there was a high risk of his client being arrested at any moment based on the information from Channel Four.

Romesh de Silva stated that Shani Abeysekera, the current Director of the Criminal Investigation Department (CID) and a respondent in the petition, was an officer arrested during Gotabaya Rajapaksa's presidency on an incident of fabricating false evidence, and therefore, a fair and impartial investigation could not be expected from such a person. He further pointed out that arresting a person without any prior investigation and without evidence is contrary to the natural justice principles of the Constitution, and this is also clear according to the 'RADA judgment' given by the Supreme Court. He also accused the Attorney General's Department of acting like a puppet of the CID.




Responding on behalf of the respondents, Additional Solicitor General and President's Counsel Suharshi Herath stated that it appeared the petitioner's lawyer was presenting facts more for the media than for the court. President's Counsel Ali Sabry also appeared for the petitioner, instructed by lawyer Sanath Wijewardena, and the Court of Appeal decided to hold the further hearing of the petition on the 24th.

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