The maximum period of detention will be one year only, and not 18 months as said in the Emergency Regulation gazette of August this year, the Supreme Court ruled yesterday.

This followed a petition by the Centre for Policy Alternatives to the Supreme Court against the Emergency Regulation gazette in August 2008, empowering the Secretary Defence to issue detention orders upto 18 months and taking away of the provision to transfer a detainee after 90 days from police custody to fiscal custody or to release him/her.

Accordingly, at present, the maximum detention is upto one year, and maximum police custody is 90 days. The Court yesterday ordered that if any person was transferred from fiscal custody back to the police custody, he/she could apply for bail, or a transfer back to fiscal custody.

The Deputy Solicitor General Dappula de Livera, who appeared for the Attorney General, did not object to the amendment to reduce the maximum detention from 18 months to one year.

Romesh de Silva, P.C. appeared with M. A. Sumanthiran and Sharmaine Gunaratne for the petitioner.

The Bench comprised the Chief Justice Sarath N. Silva, Justice K. Sripavan and Justice P. A. Ratnayake.