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2022 Supreme(SRI)(CA) 618

IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
Menaka Wijesundera J., Neil Iddawala J.
Husni M. Rizni – Appellant
Versus
E.M.S. Edirisinghe Chief Inspector of Police Kodikamam – Respondent


Advocates:
N.M. Shaheid and Rushdhie Habeeb for the Petitioner. Ridma Kuruwita, SC for the Respondents

Iddawala – J

This is an application for bail filed under Section 15B of the Prevention of Terrorism (Temporary Provisions) Act, No. 48 of 1979 (hereinafter PTA), as amended by the Prevention of Terrorism (Temporary Provisions) (Amendment) Act, No. 12 of 2022 (hereinafter Amendment Act, No. 12 of 2022) by the petitioner, on behalf of the suspect who is detained at the Remand Prison, Jaffna.

The facts of the case briefly are as follows. The suspect, Buwaneswaran Rajeevan who was an employee of the Sri Lanka Transport Board (SLTB) - Vavuniya was confronted at his residence by a team of Police officers headed by the 1st respondent on 18.10.2020. The 1st respondent proceeded to arrest him on the grounds that he was involved with the terrorist group ‘Saava’ or ‘007’, and functioned as its leader.

The suspect was thereafter produced before the Magistrate’s Court of Chavakachcheri under case No. B/503/2020 on 19.10.2020, and the 3rd respondent reported that the suspect was arrested on information received from the Criminal Investigation Department (CID) that he was the leader of the above-mentioned terrorist group. It was further stated that a sword used by the suspect for the purpose of stab

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