Friday, October 07, 2005

Order reserved in Safe House case by S.S.Selvanayagam

The Supreme Court yesterday (17) reserved order on the fundamental rights violation petitions filed by Captain S.H.M.Nilam, the leader of the 'under cover' operation known as "Long Range Reconnaissance Patrols" in the Eastern Province and others, against the police raid on its 'safe house' at Millennium Park, Athurugiriya.

The Bench comprised Chief Justice Sarath N. Silva and Justices Shiranee A. Bandaranayake and P. Edussuriya.

The Kandy Police Superintendent K. Udugampola, Sub Inspector R.A.C. Dharmaratne, Kandy HQI M.A.E.Mahendra, SSP Ashoka Ratnaweera, Katugastota Police OIC M.M.M.B.J. Mohottigedera, the IGP and the Attorney General were cited as respondents.

Captain Nilam in his petition inter alia stated that for the purpose of ensuring secrecy, the Directorate of Military Intelligence of the Army took on rent from his wife a home at Millennium Park which became and was used as the Headquarters of the said team.

He complained that a party of armed and uniformed police officers under the command of Superintendent of Police Udugampola surrounded the 'safe house' and arrested and detained him and other members of the team.

S.L.Gunasekera with Manohara de Silva and Dishan Jayasooriya appeared for the petitioner. President's Counsel Shibly Aziz with Faizer Musthapha and Rohan Deshapriya appeared for Udugampola. Kolitha Dharmawardena appeared for SI Dharmaratne and HQI Mahendra. Senior State Counsel Shavindra Fernando with State Counsel Vivek Siriwardena de Silva appeared for the IGP and the Attorney General.

Upul Jayasuriya appeared for SSP Asoka Ratnaweera and Katugastota OIC Mohottigedera.

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