The Fort Magistrate’s Court today ordered that the Prevention of Terrorism Act (PTA) does not suspend the application of the Criminal Procedure Code, the Daily Mirror reported.
Issuing the order in open court, Fort Magistrate Priyantha Liyanage announced all provisions related to an investigation in the Criminal Procedure Code applies to individuals detained under the PTA.
Citing provisions from the Criminal Procedure Code, the Magistrate further said all investigations into any offence comes under the Supervision and Control of the Magistrate, unless otherwise specifically provided by any other Act.
The Magistrate made the order in connection to the case filed against the detention of lawyer and prominent human rights activist Hejaaz Hizbullah. He has been detained under the custody of the Criminal Investigations Department (CID) since April 2020, in connection to the 2019 Easter Sunday terror attacks.
The Attorney General had earlier objected to submitting statements of witnesses involved in the investigations. In August 2020, former Magistrate Ranga Dissanayake had ordered the CID to submit a comprehensive report on all statements obtained during the investigations. However, the CID is reported to have not complied with the court order.
Following a motion filed by lawyers representing Hizbullah over the non-compliance of the CID, the AG objected, stating that investigations under the PTA are not subject to the supervision of the Magistrate.
Thereafter, lawyers for Hizbullah pointed out that the Criminal Procedure Code applies at all times unless there are contrary provisions in special laws.
Taking up for consideration the motion, the Fort Magistrate today ordered the CID to submit a comprehensive report including all statements obtained on the investigation into Hejaaz Hizbullah to Court on the 24th of February 2021. (NewsWire)