Two petitions filed by Attorney-at-Law Erik Balasooriya have revealed that two teachers at the Al- Zuhriya Arabic College were forced by officers of the Criminal Investigations Department to implicate Human Rights Lawyer, Hejaaz Hizbullah.
When the petitions were taken up for support yesterday, President’s Counsel M.A Sumanthiran told the court that the two teachers had told their lawyer at a solitary consultation in the presence of CID officers that they were forced to implicate Hizbullah.
“They were forced to implicate Hizbullah. The officers had promised them leniency. They don’t even know a Hejaaz Hizbullah,” he told the court.
The Supreme Court was also informed that the two teachers were produced before a Magistrate soon after the petitions were filed in the Supreme Court.
“On the very first day they informed the Magistrate that they wanted to make a statement and the matter was fixed for the next day before the permanent Magistrate. Immediately thereafter the two have been taken to two different places,” he said.
Sumanthiran said that the two teachers were separated in order to prevent them from making a statement before the Magistrate and to prevent lawyers from speaking to the duo.
“The only interaction Mr. Balasooriya, his lawyer, had was on that single occasion in the presence of the CID who held an audio recording device. On that very day, they told Mr. Balasooriya what they were forced within their presence. There is not a single word against them in any of the reports filed. The Magistrate was never informed of these two until their arrest. The only reason they were arrested and kept in detention was to force confessions from them, ” he said.
Sumanthiran further informed the court that he was challenging the entire arrest and detention of the two teachers.
He said that the two teachers have been sent to the “southernmost corner and the other to the northernmost corner in violation of the warrant of remand by the Magistrate”.
The Supreme Court thereafter directed the Prison authorities to take all measures to produce the two before the Fort Magistrate’s Court.
Justice Vijith Malalgoda directed the Attorney General to liaise with the prisons and bring the two to Colombo and facilitate access to lawyers.
During the hearing, Sumanthiran told the court as to how the CID had impeded on the rights of the Lawyer.
“How could anyone sit during a consultation? The Lawyer-Client privilege is sacrosanct,” he said.
Meanwhile, the Bar Association appeared and informed the Court that they had received numerous complaints regarding the conduct of the CID.
“We have had to issue a statement on this as well. We have received numerous complaints regarding this conduct of the CID and the TID,” Upul Kumarapperuma appearing for the BASL said.
The case has been refixed for the 21st of June 2021, while the Magistrate’s hearing is scheduled for the 15th of June.
President’s Counsel M.A Sumanthiran with Ermiza Tegel and Delan Perera appeared for the petitioner Lawyer Erik Balasooriya, whilst Senior State Counsel Avanthi Perera appeared for the Respondents. (NewsWire)
