by Chitra Weerarathne
The Supreme Court yesterday dismissed the two Fundamental Rights violation applications filed by Lohan and Chanuka Ratwatte, the sons of Anuruddha Ratwatte, former Deputy Minister of Defence and at present MP of the Kandy district of the People’s Alliance.

The court held that there was no material in the two applications to grant leave to proceed on an alleged infringement, or an alleged imminent infringement of Fundamental Rights of the two petitioners, by the Police Department.

The Bench comprised the Chief Justice Sarath N. Silva, Justice S. W. B. Wadugodapitiya and Justice Dr. Shirani Bandaranayake.

Rienzie Arsecularatne, Additional Solicitor General PC, appeared for the Attorney General, made a respondent in both the petitions. Mr. Arsecularatne told the court that the statement recorded by witness Mallik implicated the names of the two petitioners, in connection with a shooting incident that took place in Teldeniya district, on December 5, 2001.

Mallik is injured and receiving treatment in hospital. The statement of Mallik is included in the ‘B report’ of December 21, 2001, filed in the Magistrate’s Court of Teldeniya. The Magistrate on December 21, ordered the police to arrest and produce the two petitioners.

Mr. Arsecularatne said that in the case of a cognisable offence a warrant is not needed to arrest.

Mr. Arthur Samarasekera PC Senior Counsel for the two petitioners said that he had not received a copy of the ‘B report’ dated December 21, 01, where the names of the two petitioners are implicated. He said that police came to arrest the petitioners on December 12 and 14, before the submission of the "B report" dated December 21. He said the attempt to arrest was executive action as no judicial order had been made, prior to December 21.

Rienzie Arsecularatne: A statement by a witness implicated the names, even prior to the order for the arrest.

Chief Justice to Counsel for the petitioners: If you fear torture by the police, surrender to the Magistrate.

Arthur Samarasekera: The information received by the police should be credible. The suspicion of a cognisable offence must be reasonable, to cause an arrest.

Chief Justice: That will be explained at the point of arrest. A suspect cannot be allowed to say, no reasonable grounds.

It is the mandatory duty of the police to investigate and arrest, if needed.

Samarasekera: When the information is not credible, there could be an undue arrest.

Chief Justice to Samarasekera: We cannot stop an investigation. Tell the Magistrate to supervise the investigation done by the police. Surrender to the Magistrate on the next date and place your grievances there. This Bench will not do the work of the Magistrate or the police.

Last time we gave you time, thinking you might go and tell the Magistrate. But you have not made use of that opportunity.

In this case the petitioners Lohan and Chanuka Ratwatte had filed two Fundamental Rights pleas in the Supreme Court, alleging a likely undue arrest by the police, on an allegation relating to an incident that took place at Udathalawinne, Teldeniya on December 5, 2001 which resulted in the murder of 10 persons. Investigations on this issue are being done by the police and the CID. The Teldeniya Magistrate is supervising the inquest proceedings.

Rienzie Arsecularatne, PC Additional Solicitor General, appeared with Senior State Counsel, S. Thurairajah, State Counsel Achala Wengappuli and State Counsel, Gihan Kulatunga, for the Attorney General.

Arthur Samarasekera PC, appeared with A. A. de Silva PC and Keerthi Sigera for the petitioners.