By: Isuru Parakrama
September 30, Colombo (LNW): The Appeal Court today (30) nullified two orders issued by Fort Magistrate Thilina Gamage directing the Criminal Investigation Department (CID) to conduct a probe on a press briefing held by journalist Tharindu Jayawardena seeking justice for the unlawful arrest and imprisonment of Sri Lankan comedian Nathasha Edirisooriya.
The Appeal Court chaired by Justices Sampath B. Abeykoon and P. Kumararatmana issued the order as verdict to a petition lodged by Jayawardena against the High Court’s rejection of an application seeking the barring of the Magistrate’s orders.
Attorneys-at-Law Suren D. Perera and Pavithra Manujaya De Silva together with President’s Counsel Saliya Peiris appeared for the petition as per the instructions of Attorney-at-Law Manushika Cooray.
The petition involved contempt of court charges against a group of journalists for holding a briefing during the arrest of comedian Edirisooriya, deeming her arrest and imprisonment as unlawful thereby seeking acquittal. Edirisooriya was arrested for allegedly making certain controversial comments about religion during one of her comedy sketches at the ‘Modabhimanaya’ event under the International Covenant on Civil and Political Rights (ICCPR) Act.
The briefing demanding the release of Edirisooriya was deemed contempt of court, in what the civil group ‘Sinhala Ravaya’ described as ‘an obstruction of the judicial processes’, later found to be the core reason for the Fort Magistrate Court to order the CID to conduct an investigation, prompting legal action against journalists Vidarshana Kannangara, Tharindu Uduwaragedara, Tharindu Jayawardena, Lakmali Hemachandra and Brito Fernando, despite neither the CID nor a Magistrate of Sri Lanka having any jurisdiction to order such a probe in accordance with the Judicature Act.
Considering the facts described in the petition, the Appeal Court nullified the orders issued by the Fort Magistrate.
Edirisooriya was released by High Court Judge Aditya Balapatabendige, deeming it was unlawful that her arrest was made under the ICCPR Act.
