COLOMBO : Aggrieved former governor and leader of Narional Unity Alliance Azath Salley, made a complaint on Thursday, Jan.6, at the Human Rights Commisson here here alleging that he was maliciously charged by politicians and authorities to demean his status by infringing on his fundamental rights.
Salley, who submitted a petition against the undue action taken by politicians and authorities had said that he escaped from this vicious move since there there was justice and fair play in the government machinery. “ I made this complaint to preserve democratic values in the country, while the members of the HRC gave me a patient hearing and promised further action on this matter.
Salley was locked up in jail for nine months and was released by the Colombo court after exonerating him from all undue charges.
The full text of Salley’s letter handed to the HRC: “ I was arrested on the 16 th of March 2021 and held in both executive and judicial detention for a period of close to 9 months.
Prior to my arrest the Hon.Minister of Public Security Mr.Sarath Weerasekera , during a speech in Parliament, threatened to arrest me for views expressed by me at a press conference.
I was arrested on the 16 th of March 2021 ,on the instructions of the Attorney General Mr. Dappula De Livera PC, purportedly on the views expressed by me at the Weekly Press Briefing of my Party, the National Unity Alliance on the 9 th of March 2021.
The edited and manipulated version of my Press Briefing , aired and publicised by certain Sections of the Sinhala Media , formed the basis of my arrest and produced before the Magistrates Court of Colombo on 23rd of June 2021 and indictment served in the High Court of Colombo in October 2021, after holding me in unlawful detention for over 09 months.
The Learned Magistrate of Colombo on the 14th of September 2021 ,held that the full version of the Press Briefing , does not in any manner or form implicate me in any crime.( Annexed hereto the order by the Learned Magistrate dated 14th September 2021.)
In the High Court of Colombo , the Learned High Court judge on the 2nd of December 2021 , acquitted me of all charges contained in the indictment, without even calling for my defence. Moreover, the Learned High Court judge also clearly specified that the views expressed at the Press Briefing , in fact did not cause any ill feeling or offence to any community.
My Complaint to the Honourable Commission is that the Attorney Generals Department, instructed by the Attorney General Mr. Dappula De Livera PC , failed to exercise due diligence, before arresting and indicting me on fabricated evidence , and thereby failed in their public duty.
Had they been open and acted fairly and only taken the trouble to view the entire Press Briefing, they would have saved innocent tax payers money and the credibility of the Department in the eyes of my aggrieved community, and the entire Nation.
Based on the Judgments delivered by the Learned Judges, and the agony I went through the nine months of incarceration, I am compelled to form the opinion that:
a. Mr. Dappula De Livera and all officers working under his authority who directly or indirectly were a party to the decision to call for my arrest, incarceration and indictment &
b. the Hon. Minister of Public Security Mr. Sarath Weerasekara MP, who prior to the said arrest threatened me with arrest have Violated my Fundamental Rights as a Citizen of this country , guaranteed by Article 11, 12 (1) , 13 and 14 (1) of the Constitution of the Democratic Socialist Republic of Sri Lanka .
I as an aggrieved party, call upon the Commission to immediately inquire into the violations of my Fundamental Rights as enshrined in Chapter Three of our Constitution being one of the principal reasons for establishing of the Human Rights Commission of Sri Lanka under the Human Rights Commission Act 21 of 1996.
The Attorney Generals Department, which should protect us from injustice, should not be used by Political Powers to perpetuate injustice.”
