The Mount Lavinia Magistrate’s Court on Wednesday (9) raised serious concerns over the arrest and prolonged detention of a youth under the Prevention of Terrorism Act (PTA), after police admitted in court that there was no evidence against him and requested bail.
Mohamed Rifai Mohamed Suhail, a 21-year-old aviation student, was taken into custody nine months ago on allegations of pasting an anti-Israeli sticker. At the time of the arrest, police claimed they possessed sufficient grounds to detain him under the PTA. However, in a significant development on Wednesday, the Officer-in-Charge of the Dehiwala Police informed the court that they had “no objection” to granting bail, having “found no evidence” to substantiate the charges.
Magistrate Hemali Halpandeniya expressed strong disapproval, questioning the rationale behind Suhail’s continued detention for such an extended period under the PTA without any supporting evidence. Police officers present in court were unable to offer a satisfactory explanation.
According to the initial police report, Suhail was arrested in October 2024 near the Israeli consular premises in Dehiwala for allegedly affixing an anti-Israeli sticker and for not carrying his national identity card. Although he was released by the court, Suhail was re-arrested shortly thereafter—this time under the PTA—based on an Instagram post that reportedly showed the Israeli flag being trampled.
Despite the police request for bail, Magistrate Halpandeniya rejected the application, stating that the court does not have the authority to grant bail under the PTA without directions from the Attorney General. She criticized the police for their contradictory approach—knowing how to arrest under the PTA, but failing to recognize that only the Attorney General can authorize bail.
Police informed the court that a legal report had been submitted to the Attorney General’s Department on May 27, but no instructions had been received to date.
The Magistrate ordered the police to return to court on July 15 with official guidance from the Attorney General and instructed that Suhail be produced in person at the next hearing.
Senior Counsel Geethma Fernando, appearing with attorneys Irfham Ahamed and Mohammed Farsan, strongly questioned the legality and fairness of Suhail’s detention.
“The suspect was arrested and released by this court. Why was he arrested again in Mawanella while returning home, then falsely recorded as having been arrested again in Dehiwala? This is extremely unfair and unjustified,” he argued.
