Supreme Court grants permission to hear FR filed by Shani Abeysekara

The Supreme Court today (08) granted permission to hear three fundamental rights petitions filed by the Director of the Criminal Investigation Department (CID), Shani Abeysekara, and former CID Inspectors Sudath Mendis and H.D.M. Premathilaka, who allege that their fundamental human rights were violated by being arrested by the Colombo Crimes Division without any justifiable reason during the administration of former President Gotabaya Rajapaksa.

The petitions were taken up today before a three-judge Supreme Court bench comprising Justices Mahinda Samayawardhena Priyantha Fernando, and Sobitha Rajakaruna.

Appearing on behalf of Shani Abeysekara, President’s Counsel Shantha Jayawardena told court that just four days after Gotabaya Rajapaksa was elected President in November 2019, Abeysekara was removed from his post as CID Director and transferred to serve as a personal assistant to a Deputy Inspector General (DIG) — a move the counsel described as politically motivated.

At that time, Abeysekara was investigating a number of high-profile and politically sensitive cases, including the murder of Lasantha Wickrematunge, the abduction of journalists Keith Noyahr and Prageeth Ekneligoda and the assault on newspaper editor Upali Tennakoon.

The counsel further stated that on January 7, 2020, Abeysekara was suspended from duty, and on July 31, 2020, he was arrested by officers of the Colombo Crimes Division and was subsequently remanded. He was later released after being in remand for nearly ten months, following advice from the Attorney General.

He argued that the arrest of his client was based on baseless allegations that he had fabricated evidence in a case filed against former DIG Vaas Gunawardena and others. However, no credible evidence was presented by the authorities to support these claims. The arrest, according to the counsel, was a vindictive act motivated by political reasons.

He further claimed that Abeysekara’s fundamental rights were violated through unjust arrest and remanding, carried out without any reasonable or legal grounds.

Appearing on behalf of the other petitioners—former CID officers Sudath Mendis and H.D.M. Premathilaka—attorneys Shehan de Silva and Hafil Faris also argued that their clients had been illegally arrested, not for any wrongdoing, but because they refused to provide false testimony against Shani Abeysekara when pressured by officers of the Colombo Crimes Division.

They alleged that their clients were summoned to the Crimes Division and coerced into testifying against Abeysekara, and when they refused, they too were arrested and remanded without just cause.

Representing the respondents — former Western Province Senior DIG Deshabandu Tennakoon, former Colombo Crimes Division ASP Neville de Silva, and a Police Inspector— Attorney Sanjeewa Weerawickrama claimed that the arrests were made after proper investigations, particularly in connection with the alleged fabrication of evidence in the case involving Vaas Gunawardena, and were carried out under court orders.

He refuted the allegations of political motivation and stated that no credible evidence had been presented by the petitioners to prove the arrests were politically driven.

Meanwhile, Senior State Counsel Sajith Bandara, appearing for the Attorney General, informed court that the AG had no involvement in the initial arrest process. However, he admitted that due to a lack of sufficient evidence, the AG later instructed police to release the suspects.

After considering the submissions, the Supreme Court bench ruled that a formal inquiry should be held to determine whether the petitioners’ fundamental rights, as guaranteed under Articles 12(1) and 13(1) of the Constitution, had been violated.

Court ordered that any objections to the petitions must be filed before January 12, and any counter-objections must be filed before February 12.

The petitions are scheduled to be heard on May 14, 2026.