Colombo, September 15 – The Supreme Court on Tuesday ruled that the fundamental rights of Public Security Ministry Secretary Ravi Seneviratne and Criminal Investigation Department (CID) Director Shani Abeysekara were violated through an investigation initiated on the basis of a complaint filed during the 2024 presidential election campaign concerning the 2019 Easter Sunday attacks.
The judgment was delivered by a three-judge bench comprising Justice Gihan Kulatunga, Chief Justice Preethi Padman Surasena and Justice Achala Wengappuli.
The Court held that the complaint lodged by retired Deputy Inspector General (DIG) Palitha Siriwardena and the subsequent investigation conducted by then CID Chief Inspector Induka de Silva had created an imminent risk of violating the petitioners’ constitutional rights guaranteed under Articles 12(1) and 13(1) of the Constitution.
The Court found that the complaint, filed with the Inspector General of Police on 24 July 2024, alleging that the petitioners had failed to prevent the Easter Sunday attacks, was malicious and politically motivated.
Justice Kulatunga, outlining the facts of the case, observed that during the presidential election period the petitioners had been associated with a retired police officers’ collective aligned with one political faction, while the complainant had been involved with an opposing political group. The bench concluded that the complaint had been motivated by political considerations.
As compensation for the violation of their fundamental rights, the Court ordered retired DIG Palitha Siriwardena to pay Rs. 50,000 each to Ravi Seneviratne and Shani Abeysekara. Former Chief Inspector Induka de Silva, who conducted the investigation, was ordered to pay Rs. 10,000 each to the two petitioners.
The Court further directed that no additional legal proceedings be instituted against the petitioners on the basis of the complaint filed by Siriwardena. A copy of the judgment is to be forwarded to the Inspector General of Police.
During earlier proceedings, the Attorney General informed the Court that investigations into the complaint had been suspended and that matters relating to a B-report filed before the Colombo Fort Magistrate’s Court had been concluded. However, the Supreme Court noted that the undertaking given to the Court had not been fully implemented, observing that further instructions had continued to be issued even after the investigation had been declared complete.
In their petition, Seneviratne and Abeysekara rejected allegations that they had failed to act on intelligence warnings prior to the Easter Sunday attacks. They submitted that Seneviratne was overseas when the relevant State Intelligence Service communication was sent on 9 April 2019 and that the information was forwarded to the appropriate authorities shortly after he resumed duties on 16 April. The petitioners also stated that, owing to an administrative delay, the information reached Abeysekara only on 20 April.
The petition further highlighted investigations conducted by the CID in Wanathavilluwa and Mawanella in efforts to apprehend Easter Sunday attack mastermind Zahran Hashim, while also alleging attempts by other intelligence agencies to divert those investigations.
The petitioners argued before the Supreme Court that they faced the risk of arrest as a result of political reprisals and the misuse of anti-terrorism laws. Following extensive hearings, the Supreme Court granted relief and ruled in their favour.