FR seeking to prevent journo Kusal Perera’s arrest re-fixed for 23 Sept.

 By S. S. Selvanayagam

The Supreme Court yesterday re-fixed for 23 September support for granting of Leave to Proceed with the Fundamental Rights petition filed by senior journalist and political analyst Kusal Perera.

The Bench comprising Justices Priyantha Jayawardane, Prasanna S. Jayawardena and Murdu N.B. Fernando directed the Magistrate’s Court Registrar to issue a copy of the B Report to the Petitioner filed against him. 

The petition contests the impugned threat on Freedom of Expression and possible arrest using the International Covenant on Civil and Political Rights (ICCPR) Act No. 56 of 2007.

He cited Senior DIG Commandant of STF M.R Latiff, DIG Kamal Silva, Rtd. AVM A.B. Sosa, OIC of the Organised Crime Prevention Division, the IGP, Wijeya Newspapers, Convenor of Free Media Movement and the Attorney General as Respondents.

He is seeking that the Court to issue an Interim Order restraining Respondents from arresting him and/or taking steps under the said act with respect to the article published in the Daily Mirror Newspaper on 17 May under his name.

He is also asking the Court to issue an Interim Order restraining from filing plaint, charges and/or indictment against him on the purported allegations in respect of the said publication until the final determination of his application.

He is seeking a declaration from the Court that the 1st and/or 2nd Respondents and/or the State have infringed and/or is in imminent infringement of his Fundamental Rights as guaranteed by Articles 10, 12(1), 13(1), 13(2), 14(1) (a) and 14(1) (g) of the Constitution.

He is seeking another declaration from the Court that the decision of one or more of the Respondents to investigate and/or arrest and/or institute criminal proceedings and/or prosecute him is unlawful, arbitrary, irrational, illegal, and capricious, null and void and no force and/or avail of law.

He seeks a declaration as well refraining the respondents from arresting him and/or instituting criminal proceedings and/or prosecuting him.

He is pleading the Court to award him a compensation of Rs. 10 million and/or a sum determined by the Court.

Saliya Pieris PC with Manjula Balasooriya, Thanuka Madhawa Nandasiri and Sanjaya Wilson appeared for the Petitioner.