IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Application for Bail under and in terms of section 15 B of the Prevention of Terrorism (Temporary Provisions) Act of No. 48 of 1979 as amended by Act No. 12 of 2022.

M.J.F Sumaiya, Attorney-at-Law, Faris & Associates No.120-1/1, Hulftsdorp Street, Colombo - 12 Petitioner On Behalf of, Fazrul Rahuman Mohomed Zahran No.19/1, Mattawa Road, Warakamura, Matale.

(Presently under remand custody at the B oossa Prison)

Case No: CA/BAL/81/2022 Vs.

1. G.P.Y.S. Keerthisingha Magistrate Court Colombo Fort O f f i c e r - I n-Charge Case No: No.B/13100/19 Gang Robbery Investigation Branch Criminal Investigation Department York Street, Colombo 01.

2. The Director Criminal Investigation Department York Street, Colombo 01.

3. Inspector-General of Police Police Headquarters, Colombo 01.

4. Hon. The Attorney- General Attorney-General’s Department Colombo 12. Respondents BEFORE : Menaka Wijesundera J Neil Iddawala J COUNSEL : Faris Saly with Senesh Dissanayake instructed by M.J.F. Sumaiya for the Petitioner Lakmini Girihagama Deputy Solicitor General for the 1-4th Respondents Argued on : 07.02.2023 Decided on : 22.03.2023 Iddawala – J This is an application for bail made by the petitioner appearing on behalf of the suspect (the Attorney-At-Law of the suspect) in terms of the Prevention of Terrorism (Temporary Provisions) Act, No. 49 of 1979 (hereinafter the PTA) as amended by the Prevention of Terrorism (Temporary Provisions) (Amendment) Act, No. 12 of 2022.

Background The facts of the case are as following. The suspect, one Fazrul Rahumam Mohamed Zahran, was arrested by the Matale Police on the 24.04.2019 and produced before the Magistrate Court of Matale under the case bearing No – AR/493/19 due to a suspicion of the suspect’s culpability, although the offence against the suspect was not determined at the time. He was subsequently released on the 08.05.2019 by the learned Magistrate as there were no sufficient material to keep the suspect detained. The suspect, at the time of arrest was 23 years old and was an employee of the Crown Construction Company in Qatar. He has returned to Sri Lanka on 15.04.2019 due to the inability to renew his Visa. The suspect was subsequently arrested by the CID under the PTA on 08.05.2019 along with his mobile phone with Subscriber Identity Module (SIM), hard disk and computer accessories on the suspicion of the suspect having shared a video and information to Amaq News Agency via the internet which contained content related to the Easter bombing attack on the 21.04.2019.

Since then, the suspect has been incarcerated without an indictment being served against him. Further on the suspect was included as a designated person for conducting and funding terrorism activities by the Gazette Extraordinary No.2140/16 dated 09/09/2019 with para 3 & 7 of regulation 4 and Gazette Extraordinary No.2291/02 dated 01/08/2022 with regulation 4(7) of the United Nations Regulation No.1 of 2012 of the United Nations Act No.45 of 1968.

Being aggrieved by the said circumstances, the petitioner has filed the instant application under Section 15B of the PTA as amended by Act, No. 12 of 2022 (hereinafter the PTA as amended), praying for the suspect to be released on bail.

Arguments In delving into the arguments made by the two parties, it is noted that the petitioner rejects the existence of a criminal intention behind the act of sharing a video and avers that the suspect has been held in incarceration for 3+ years (approximately 3 years and 10 months) without any indication of an indictment been served. The petitioner further states that the suspect has been in the state of Qatar when the Easter bombing attack transpired and the suspect was personally affected by the horror of it. Moreover, the petitioner states that alleged offence was bereft of criminal intention and was merely done out of curiosity on the part of the suspect. Petitioner further asserted