SC rules Wasantha Mudalige’s rights violated by unlawful arrest under PTA

2026-03-20 - 04:24

The Supreme Court has declared that the fundamental rights of former Inter University Students’ Federation (IUSF) convener Wasantha Mudalige were violated by the Officer-in-Charge (OIC) of the Peliyagoda Police Station through his unlawful arrest and detention in 2022. A three-judge bench comprising Justices Arjuna Obeyesekere, K. Priyantha Fernando and Dr. Sobhitha Rajakaruna unanimously held that Mudalige’s rights guaranteed under Articles 12(1) and 13(1) of the Constitution had been infringed. The Court found that the arrest and subsequent detention were carried out without sufficient legal basis. Delivering the judgment, Justice Sobhitha Rajakaruna observed that Mudalige’s arrest on August 18, 2022, following a protest march organised by the IUSF from Lipton Circus, and the subsequent detention under the Prevention of Terrorism Act (PTA), were not supported by material establishing “reasonable suspicion” as required by law. The Court specifically held that the OIC of the Peliyagoda Police Station, W.G.A.K. Gamage had acted unlawfully in effecting the arrest and detention. The petition was filed by Attorney-at-Law Manjula Balasuriya on behalf of Mudalige, who was in detention at the time. The petitioner contended that the arrest violated mandatory legal procedures under general criminal law as well as the provisions of the Prevention of Terrorism Act No. 48 of 1979. It was further argued that the application of the PTA in this instance was unjustified and failed to meet standards of reasonableness and proportionality. The petitioner also challenged the legality of the Detention Order issued by the Minister of Defence, alleging that it was based on irrelevant considerations while ignoring material facts. Counsel Thanuka Nandasiri appeared for the petitioner. (dailymirror.lk) (This story, originally published by dailymirror.lk has not been edited by SLM staff)