Can Harak Kata Be Detained Without Charges?

COLOMBO (News 1st); The Attorney General today informed the Colombo High Court that an appeal has been filed against a recent court ruling which found that charges brought under the Prevention of Terrorism Act (PTA) against alleged drug trafficker Nadun Chinthaka Wickramaratne, alias “Harak Kata,” and several other accused could not be maintained.

The case against Harak Kata and four other defendants, who face charges including allegedly conspiring to escape while in the custody of the Criminal Investigation Department (CID), was called before Colombo High Court Judge Buddhika C. Ragala.

During proceedings, the State Counsel appearing for the prosecution informed court that an appeal had been lodged before the Court of Appeal challenging the High Court's earlier determination. The prosecution maintained that further legal action in the case should be taken based on the final decision of the Court of Appeal.

The State Counsel also informed court that any applications on behalf of the accused should now be made before the Court of Appeal.

Lawyers representing the defendants argued that the Colombo High Court had ruled on July 30 that the charges filed under the PTA could not be proceeded with and contended that, in light of that decision, there was currently no valid indictment before the High Court.

They argued that, under such circumstances, there was no legal basis to continue holding the accused in remand custody.

Defence lawyers further told court that while Harak Kata and co-accused Midigama Ruwan are currently being held at Welisara Prison, they are allegedly under the custody of Navy personnel rather than prison authorities.

Harak Kata, who was produced before court via Zoom, personally addressed the court and stated that he was being held under the custody of Navy officers at Welisara Prison. He drew the court's attention to Navy personnel allegedly present near him by directing the camera toward them during the virtual hearing.

The accused also complained that he had previously received treatment at the Tangalle Ayurvedic Hospital for a knee condition while being held at the old Tangalle Prison, but alleged that he was not receiving the medical treatment he required at Welisara Prison.

Responding to the issue, the Senior State Counsel appearing on behalf of the Attorney General informed court that military personnel had been attached to prison facilities in accordance with a Government Gazette notification.

After considering the submissions, High Court Judge Ragala observed that since the Attorney General had already filed an appeal against the earlier ruling, it would not be appropriate at this stage to grant bail or order the release of the accused.

The judge advised defence lawyers to pursue any relief sought on behalf of the defendants before the Court of Appeal.

The court also noted that if the accused are being held in remand custody, they should remain under the authority of prison officials in accordance with the Prisons Ordinance.

In addition, the judge directed the prison authorities to ensure that the accused receives appropriate medical treatment for his health condition.

The case was postponed until September 7.