Court to inquire FR case on Malaka issue

Wasantha Ramanayake

The Supreme Court yesterday decided to inquire into the Fundamental Rights plea that sought to remove Malaka Silva to the remand prison from the paying ward of National Hospital, Colombo.

The Bench comprised Chief Justice Sarath N. Silva PC, Justice Nimal Dissanayake and Justice Nimal Gamini Amaratunga. Petitioner Jeevan Thiagarajah of Colombo 7, a human rights activist filing the petition in the public interest claimed that although Malaka Silva, the son of Minister Mervyn Silva, had been committed to the Remand Prison for allegedly assaulting a person with a weapon in a night club, he had been warded in the paying ward of the Colombo National Hospital in breach of the order of the Additional District Judge, Mount Lavinia.

The petitioner stated that the Additional District Judge had ordered suspect Malaka Silva to be remanded in the Remand Prison.

The petitioner stated that the suspect up to date had not spent a moment in the remand prison from the time of his incarceration, who should have been there according to the law, in violation of the rights of the petitioner and the law abiding public in the country.

The petitioner expressed his belief that the suspect had no compelling reason to be warded in the hospital, instead of the remand prison. He sought an interim order to remove the suspect to the remand prison.

The petitioner stated that a pattern had been established to threat any one who act against the interest of the suspect or who have potential to do so. He stated that the Mount Lavinia Additional District Judge had complained to the Police of the threats to her mother by certain thugs demanding that the suspect being released on bail.

The petitioner cited Prison Commissioner Major General Vajira Wijegunawardane, Malaka Manojith Silva and the Attorney General as respondents. President’s Counsel Romesh de Silva appeared for the petitioner.

The hearing was fixed for October 15.