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This is an archive article published on August 20, 1997

SC order releasing Premadasa man embarrasses Chandrika

COLOMBO, Aug 19: In a severe embarrassment for the Sri Lankan Government, the Supreme Court on Tuesday ruled as illegal the arrest and dete...

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COLOMBO, Aug 19: In a severe embarrassment for the Sri Lankan Government, the Supreme Court on Tuesday ruled as illegal the arrest and detention of B Sirisena Cooray, henchman of assassinated President Ranasinghe Premadasa, under Emergency regulations. He was ordered to be released and awarded Sri Lankan Rs 2 lakh as damages.

In another humiliating development for the Government, which this week is celebrating its third anniversary, Parliament had to be adjourned because of a lack of quorum after the United Nationalist Party (UNP) walked out as a protest to mark what the party described as three years of misrule.

While a minimum of 20 people is required for quorum in the 225-member House, only 19 members of the ruling People’s Alliance coalition were present and the Speaker had to call off the session.

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To make things worse for the government, the Supreme Court ordered the release of Cooray. An influential UNP organiser during Premadasa’s tenure as President, Cooray was arrested on June 16 and was detained in a government flat since then. No charges were specified, but the police said they had information he was plotting to kill President Chandrika Kumaratunga, digging out his underworld links in support of this theory.

Ruling on a fundamental rights violation plea submitted by Cooray, however, the Supreme Court rapped the Government by describing his detention as a violation of the Constitution, and therefore, “unlawful and illegal”. Evidently, they were unimpressed by the affidavit filed by the Defence Secretary that the arrest was carried out to prevent Cooray from implementing the plot.

In spite of being presented with this brilliant opportunity to criticise the Government, UNP leader Ranil Wickremesinghe contented himself with a mild: “This was expected.” .

Cooray, a former Secretary-General of the UNP who was in self-imposed exile, returned in April this year amidst widespread speculation about the motives for his return. He was wanted by the Commission of Inquiry into Lalith Athulathmudali’s assassination, and an arrest warrant had been issued when he failed to appear before the Commission.

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