Aluthgama 13 suspects released 'legally'

 Wednesday, 30 July 2014 

Police say that a police OIC is empowered to release the 13 suspects of the Aluthgama incident, on police bail.

Speaking to BBC Sandeshaya, police media spokesman SSP Ajith Rohana has said thus, while responding to queries over the release of the 13 suspects.

Though journalist J.S. Tissanayagam was arrested on the Prevention of Terrorism Act (PTA) on charges of abetting terrorism, the Aluthgama incident did not come under the PTA, he has added.

Responding to queries as to why persons charged of abetting racism and religious fanaticism at a public meeting on the day of the clash in Aluthgama, the police spokesman has said that under common law, a man cannot be arrested just over a statement.

Releasing 13 persons is just a part of the charges. If it is a conigsable offence, the police OIC can act on releasing the suspects, SSP Ajith Rohana has said.

However, speaking to BBC Sandeshaya, legal experts have said that a police OIC had no call on releasing or giving bail for suspects arrested over a conigsable offence.

A cognisable offence is defined as an offence that can be acted upon by a peace officer without an arrest warrant.

DIG gets 'threats'

Meanwhile, the police media spokesman has also added that the preliminary inquiry against Kalutara DIG V. Indran was suspended after witnesses and statements proved that he had not neglected his duties.

"The preliminary inquiry was held to ascertain whether DIG Indran had failed to comply with a higher order in accordance with police disciplinary provisions. However, it was revealed at the inquiry that such a charge cannot be leveled against him."

Media reported that the DIG Indran's refusal to comply with an order of higher officials and release the 13 suspects had led to the preliminary inquiry.

Speaking to BBC Sandeshaya, DIG Gamini Navaratne has said that he had not issued such an order.

Meanwhile, police media spokesman has that he has not learnt of any threats leveled against DIG Indran.

[B](BBC Sandeshaya)[/B]