The Attorney General has decided to file an appeal against a recent Colombo High Court ruling that charges under the Prevention of Terrorism Act (PTA) cannot be maintained against five accused persons, including Nadun Chinthaka Wickramaratne, alias ‘Harak Kata,’ who are accused of conspiring to escape while in the custody of the Criminal Investigation Department (CID).
The decision was conveyed to the Colombo High Court today (03) by State Counsel Sajith Bandara, who appeared on behalf of the Attorney General, when the case was taken up before High Court Judge Buddhika C. Ragala.
The prosecution informed court that bail applications had been submitted on behalf of the accused but said additional time was required to obtain reports from police stations regarding their pending cases and previous criminal records.
The State Counsel argued that since an appeal was being filed against the court’s earlier order, consideration of the bail applications at this stage would not be appropriate. He also told court that releasing the accused on bail could create difficulties in ensuring their future appearance before court.
The Attorney General is expected to submit written objections against the bail applications, court was informed.
However, defence lawyers Jaliya Samarasinghe, Harith Hettiarachchi, and President’s Counsel U.R. de Silva argued that the mere decision to file an appeal against the court order should not prevent the accused from having their bail applications considered.
The defence informed court that the accused have been in remand custody for more than three years and requested that their bail applications be considered and a decision be issued.
After considering submissions from both sides, the Colombo High Court ordered that the decision on the bail applications would be delivered on August 20. The judge also directed the prosecution to file any objections to the bail requests within one week.
Meanwhile, court ordered that ‘Harak Kata,’ who is currently being held at the old Tangalle Prison, be transferred to an appropriate prison facility, following the removal of the PTA-related charges against him.
