Edward Sivalingam vs Sub Inspector Jayasekera, CID, Colombo 1. Officer-in-Charge, CID, Colombo 1. S.C. (F/R) No. 326/2008

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The Petitioner in his Petition (dated 7th August 2008) stated that he was a resident of Killinochchi. When he was 13 years old he had been forcibly taken by the Liberation Tigers of Tamil Eelam (LTTE) but had been later released when his parents pleaded on his behalf but no details or specific 3 facts have been given with regards to the date or the release. On or about August 2006 the Petitioner had come from Killincochi to Vavuniya in order to travel to Colombo. On 04th August 2006, at around 5.00 a.m., while he was lodged at the YMHA in Vavuniya, he was arrested with several others by the Vavuniya Police and on 6th August 2006, he was handed over to officers of the
Criminal Investigations Department, who had transferred him to Colombo. The Petitioner alleged that he was brutally assaulted with clubs at the Criminal Investigations Department (hereinafter referred to as the CID) and within the first week he suffered an injury to his right arm. After about two weeks in the custody of the CID he claims that his right arm was badly wounded and dislocated with severe paint and swelling. He also had received back and head injuries. The Petitioner alleges that an officer, whose name was not known to him, assaulted him
while the 1st Respondent subjected him to interrogation.

There appears to be a disparity between these two provisions. This was considered in SC Application No. 173/2008 on 20.07.2008 and ultimately held that the detainee should be transferred to fiscal custody after 90 days from the date of arrest. This determination, being a decision on the substantive law would be operative from the date of the Judgment and this period of detention in the present case would not be covered as it was before that date.
16 This Court finds that the facts alleged by the Petitioner were not borne out by the official documents that have been produced in Court. However, the findings of this Court and decision thereon are based on the documents presented before court and I make no attempt to preempt or prejudge the truthfulness or lack thereof of the facts contained in the Confessional Statement made by the Petitioner to the CID. Accordingly the trial court will not be bound by the findings of this Court on the facts as presented on pleadings and affidavits. Under these circumstances, the Application of the Petitioner is dismissed. No costs

 full judgement here

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