Court slams Police before releasing Mudalige from PTA

The Colombo Magistrate's Court – which held that Inter-University Students' Federation (IUSF) Convenor Wasantha Mudalige, who was in remand custody under the Prevention of Terrorism (Temporary Provisions) Act (PTA), has not committed any offence coming under the PTA and hence ordered his release from the relevant case after discharging him from all related charges – stated that the Police have misused the PTA by providing statements with the intention of keeping Mudalige in prolonged remand custody.

Observing that Mudalige has not committed any offence coming under the PTA, Colombo Magistrate Prasanna Alwis yesterday (31 January) ordered the release of Mudalige from the case which had been filed by the Terrorism Investigation Division (TID) under the PTA. The Magistrate observed that charges have been filed against Mudalige under Sections 2(1) [offences] and 3 (abetment, conspiracy or incitement) of the PTA, but that none of those charges has been proved through evidence.

Magistrate Alwis said that the court had paid attention to statements that have been made by various individuals including those made by Piyumal Samarasinghe alias “Motivation Appachchi”, Lanka Private Bus Owners’ Association President Gemunu Wijeratne and several Police officers. Although the TID has informed the Court that Samarasinghe has recorded a statement to the effect that they were carrying out the “aragalaya” (the people's struggle – a protest movement which demanded the resignation of then President Gotabaya Rajapaksa, then Prime Minister and incumbent Government Parliamentarian Mahinda Rajapaksa and the Government) peacefully, but that the Frontline Socialist Party (FSP) and the IUSF had taken over its control and committed acts of violence, the Magistrate stated that the TID had not presented any evidence to prove that statement. Magistrate Alwis also stated that the TID has informed the Court that Wijeratne has recorded a statement with the TID to the effect that the FSP and the IUSF had forcibly taken over the control of a peaceful protest movement and committed acts of violence, and that it was suspicious as to whether certain international organisations had provided them with financial provisions to commit such acts, but that no evidence to prove such claims had been presented before Court. Further noting that an Assistant Superintendent of Police (ASP) has made a statement claiming that Mudalige has assaulted him during a protest, the Magistrate said that no information about such an assault has been revealed and that it is apparent that the relevant ASP has made that statement with the intention of keeping Mudalige in remand custody further in relation to the case. Furthermore, the Magistrate paid attention to a statement which had been made by another ASP that the latter had been assaulted by Mudalige in front of the Police Headquarters in Colombo. Noting that the relevant statement had been made on 1 January 2023, Magistrate Alwis said that the Court had not found any truth or credibility in that statement. The Magistrate stated that by submitting statements made by several Police officers that they were attacked by Mudalige, the Police have misused the PTA to keep Mudalige in remand custody further.

Although the TID had filed charges against Mudalige for damaging public property and public places, the Magistrate said that thus far no facts have been revealed in this regard and that the related footage has not been presented to Court. 

 Considering all the facts that have been presented before Court, the Magistrate concluded that no offence has been found in terms of the PTA regarding Mudalige and therefore ordered his release from the case.

Since Mudalige has been remanded in connection with pending cases in the Colombo Fort Magistrate's Court, he was taken back to the Colombo Remand Prison. Senior Deputy Solicitor General, Dileepa Peiris appeared before the Court for the complainant and President’s Counsel Saliya Pieris appeared for Mudalige.

The IUSF had organised a massive protest in Colombo on 18 August 2022, against President Ranil Wickremesinghe and the Government, and the Police, which obstructed the said protest, had arrested several IUSF activists including Mudalige. A total of 16 university students who were among the arrestees were released on bail while Mudalige, Inter-University Bhikkhu Federation Convenor, Ven. Galwewa Siridhamma Thera, and IUSF activist Hashan Jeewantha were placed in TID detention under the PTA. Both Siridhamma Thera and Jeewantha were later enlarged on bail, but Mudalige was in remand custody until yesterday.