Petition filed challenging arrest of Sallay

2026-03-05 - 14:07

A Fundamental Rights petition has been filed before the Supreme Court challenging the arrest and detention of former State Intelligence Service Chief, retired Major General Suresh Sallay, under the Prevention of Terrorism Act (PTA). The petition has been filed by Shantha Jayathilaka, a retired officer of the Sri Lanka Air Force. The respondents named in the petition are the Minister of Defence, the Secretary to the Ministry of Defence, the Secretary to the Ministry of Public Security, the Inspector General of Police and the Criminal Investigation Department (CID). The petitioner states that the Prevention of Terrorism Act can only be applied against parties engaged in activities aimed at undermining the country’s unity and territorial integrity, or individuals who directly or indirectly contribute to overthrowing a legally elected government. However, the petitioner points out that Major General Suresh Sallay has not been accused of any such acts. The petitioner further states that the Act could be used against the activities of the LTTE, which sought to undermine the country’s territorial integrity and overthrow the legally elected government. He also notes that the Act could have been applied in relation to the 2022 “Aragalaya” protests. However, the petitioner argues that such circumstances are not evident in relation to the Easter Sunday attacks, which, according to the facts presented, were carried out based on a religious ideology. He also claims that the CID has so far failed to present any charges or evidence before court against Major General Suresh Sallay under the Prevention of Terrorism Act. The petitioner states that he has filed the petition before the Supreme Court as a matter of public interest litigation and has requested the court to rule that fundamental human rights have been violated. He has further requested the court to order the CID to present before court the charges made against Major General Sallay under the Prevention of Terrorism Act and, if sufficient charges cannot be established, to issue an appropriate order in that regard.