President's Counsel Sanjeewa Jayawardena today (17) told the Court of Appeal that the State Intelligence Service (SIS) had forwarded a list of 129 individuals, including Easter Sunday suicide bomber Zahran Hashim, who were allegedly influenced by ISIS ideology, to the Criminal Investigation Department (CID) in January 2019, but the then senior CID officials had failed to take appropriate action.
The submissions were made when the Court of Appeal resumed hearing the writ petition filed by former head of the State Intelligence Service, Major General (Retired) Suresh Sallay challenging his arrest and detention under the Prevention of Terrorism Act (PTA) in connection with investigations into the 2019 Easter Sunday terrorist attacks.
Appearing for the petitioner, President's Counsel Jayawardena said the Janak de Silva Presidential Commission report states that the SIS had submitted the list of 129 followers of the National Thowheeth Jama'ath, including Zahran Hashim, to the CID on January 31, 2019.
He argued that the report identified individuals promoting ISIS ideology in Sri Lanka and questioned why the CID had failed to arrest them despite receiving extensive intelligence.
He further noted that Pakistan's intelligence agencies had also warned Sri Lankan authorities in 2018 about the presence of an Islamist extremist group operating in the country.
Jayawardena also referred to an affidavit previously filed by former SIS Director Nilantha Jayawardena, which stated that between October 31, 2017, and the Easter Sunday attacks, the SIS had submitted 97 intelligence reports to the Inspector General of Police (IGP) regarding extremist activities carried out or planned by Zahran Hashim and his associates. Copies of those reports had also been sent to the CID, he said.
He further argued that investigations into incidents such as the Mawanella Buddha statue vandalism and the discovery of explosives in Wanathawilluwa had already linked Zahran and his followers to extremist activities. In addition, an SIS intelligence officer had reportedly provided information on locations where the suspects were believed to be hiding.
According to Jayawardena, that officer had previously told a commission of inquiry that the Easter Sunday attacks could have been prevented if the CID had acted on the available intelligence.
The President's Counsel also referred to the intelligence warning received from India's Research and Analysis Wing (RAW) on April 4, 2019, which alerted Sri Lankan authorities that followers of the National Thowheeth Jama'ath led by Zahran Hashim were planning an attack.
He said former SIS Director Nilantha Jayawardena had forwarded that warning to the IGP and copied the CID. According to the submissions, the letter reached the office of then Senior Deputy Inspector General Ravi Seneviratne on April 9, 2019, but was forwarded to then Deputy Inspector General Nagahawatte only on April 16, and subsequently sent to the CID Director on April 22, the day after the Easter Sunday bombings.
Jayawardena further referred to evidence given by Ravi Seneviratne before the Janak de Silva Commission, stating that he had been overseas attending a conference from April 7 to April 13, 2019, and resumed duties on April 16. He noted that the intelligence letter left Seneviratne's office only on April 19.
He also told the court that Seneviratne had admitted before the commission that the CID was already aware of the activities of Zahran Hashim and the extremist group but had stated that there was "no action the CID could have taken" regarding the information.
Questioning how the same officials could now be entrusted with investigating the Easter Sunday attacks, Jayawardena urged the court to consider the issue.
Accordingly, the Court of Appeal postponed further hearing of the petition until July 21, 2026.
