ER suspects, maximum detention 90 days

SARATH MALALASEKERA

The Supreme Court Monday ordered the authorities to produce suspects detained under Emergency Regulations before a Magistrate within 90 days. The suspects could then move for bail and if bail is refused the suspect should be sent to fiscal custody. The Supreme Court also refused an application to detain a suspect taken into custody for one and half years (18 months).

The Bench Comprised Chief Justice Sarath N. Silva PC, Justice K. Sripavan and Justice P.A. Ratnayake.

The petitioner in this case filed action to prevent the revision of Emergency Regulations to keep suspects under Police custody for 18 months.

The Deputy Solicitor General in his lengthy submissions said some of the hard-core suspects are refusing to speak to the authorities in connection with the crimes they were alleged to have committed.

President’s Council Romesh de Silva appearing for the petitioner Centre for Policy Alternatives, submitted to Court that some of the suspects were detained for several months without any charge against them. Some of them are innocent, the President’s Counsel said.