Colombo Chief Magistrate Mr. Prasanna Alwis ordered the release of Wasantha Mudalige, the convener of the Inter-University Student Council, who was remanded under the Prevention of Terrorism Act.
His lawyers had previously submitted a request to the court to release the suspect, Wasant Mudali as there was not enough evidence to remand him under the Prevention of Terrorism Act.
The Chief Magistrate gave the decision by publishing his order on the request.
Announcing the order, the Chief Magistrate stated that the summary of evidence presented to the court by the Terrorist Investigation Division regarding the suspect indicates that he has engaged in protests at many places and committed violent acts.
Also, the magistrate said that the suspect has been involved in the use of large amounts of money and that evidence will be recorded in the summaries.
Further announcing the order, the Magistrate said, “When examining the past, cases where the Prevention of Terrorism Act was used arbitrarily can be seen. In some cases, we can observe cases where the police used the act with the intention of remanding people for a long period of time. The prosecution has mainly submitted the evidence of the two persons Motivation Appachchi and Gemunu Wijeratne against this suspect to the court.”
“Through the statement given by the witness named Motivation Appachchi, it has been stated that the struggle was initially peaceful, but as soon as the suspect and the inter-university student body joined it, it turned violent. But the testimony of the witness named Motivation Appachchi does not reveal that the suspect Wasantha Mudali committed acts of violence or directed acts of violence or gave instructions to commit acts of violence.”
“Also, the testimony of the witness Gemunu Wijeratne has stated that the suspect exchanged money with foreign terrorist organizations. However, although the police detained and investigated this suspect for many months, the investigations did not reveal that the suspect was in contact with foreign terrorist organizations and obtained funds. Accordingly, it appears that the statements of these witnesses are mere statements without any basis.”
Accordingly, the magistrate stated in his order that no offense under the Prevention of Terrorism Act was revealed against the suspect Wasant Mudalige from the testimonies of the relevant witnesses.
The Magistrate further stated in his order,
“There is evidence in the compilation of evidence that a police officer was dragged and beaten during a protest held near the Ministry of Education by the suspect Wasant Mudali. The police sergeant involved in the incident mentioned that in the statement given to the -Terrorism Bureau. But the same police sergeant did not mention such an attack by the suspect in his initial statement given to the Talangama police.”
“The evidence states that a large number of police officers were present at the time of the attack. If such an assault took place, the other officers must have seen it. But no other police officer has mentioned that such assault took place.” The Magistrate who mentioned said that the evidence appears to be a fabricated evidence for the purpose of continuing to remand the suspect by misusing the Prevention of Terrorism Act.
Further announcing the verdict, the Magistrate stated that the summation of evidence presented by the Terrorism Investigation Division did not reveal any evidence that the suspect Wasantha Mudali had attacked and damaged public property, damaged roads or caused mischief.
The magistrate also said that there was no evidence that the suspect had made any statements invoking racism or bigotry.
“The summaries of the evidence submitted to the court by the Terrorism Investigation Division have stated that the suspect had threatened the officer named Assistant Superintendent of Police Rodrigu near the Fort Police Headquarters. But the Assistant Superintendent of Police did not mention such a threat in his initial statement given to the Fort Police.”
“If such a threat had been made, it should have been mentioned in his original police statement.” By not doing so, the magistrate stated in his order that the evidence was also created to detain this suspect by misusing the Prevention of Terrorism Act.
The Chief Magistrate stated that no evidence of abetment, conspiracy or aiding and abetting to commit an offense under Sections 2 and 3 of the Prevention of Terrorism Act was revealed against the suspect.
Accordingly, the magistrate stated that he does not have the legal capacity to remand the suspect further, and in the end stated in his order that the suspect Wasant Mudalige will be released accordingly.