The Supreme Court has ruled that the 2022 arrest of social activist Muthuheen Gedara Thisara Nuwantha Anuruddha Bandara over his involvement in the “GoHomeGota 2022” campaign violated his Fundamental Rights, holding that the Police acted without objectively reasonable grounds.

In a judgment delivered on July 23, a three-judge bench held that the petitioner’s rights under Articles 12(1) and 13(1) of the Constitution had been infringed by the then Senior DIG Deshabandu Tennakoon and another police officer.

The Court found that the Police had relied solely on an intelligence report alleging that certain individuals were attempting to overthrow the government. However, the report did not specifically identify the petitioner, while an annexure containing his name was found to be undated, unsigned and of questionable authenticity. The Court said the Respondents failed to explain who prepared the annexure or when it was added, casting serious doubt on its reliability.

The judgment further noted that Section 120 of the Penal Code, under which the petitioner was arrested, expressly excludes criticism of the Government intended to highlight mistakes or advocate reform through lawful means. The Court found that the petitioner’s social media posts and support for the “GoHomeGota 2022” campaign amounted to political criticism and the exercise of freedom of expression rather than criminal conduct.

The Court also observed that no evidence had been produced linking the petitioner to violence during the March 2022 protests, despite the Police claiming the arrest was connected to unrest. It noted that the Magistrate had later discharged the petitioner after finding no material connecting him to any criminal offence.

In addition, the Supreme Court questioned the manner of the petitioner’s detention, noting he was moved between several police stations, taken back to his home for another search, and produced before a Magistrate only nearly 24 hours after his arrest, raising concerns over compliance with constitutional safeguards against arbitrary detention.

The Court further pointed out that prosecutions under Chapter VI of the Penal Code require the Attorney General’s sanction, and the Respondents failed to produce material showing such approval had been obtained, reinforcing concerns about the legality of the proceedings.

Concluding that the arrest was primarily a response to the petitioner’s political dissent and criticism of the Government, the Supreme Court held that the Police had failed to establish a lawful basis for invoking Section 120 of the Penal Code. While declaring that the petitioner’s Fundamental Rights had been violated, the Court did not award compensation or costs, citing the special circumstances of the case. (Newswire)

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