Fort Magistrate Pasan Amarasena today obtained a special order from former State Intelligence Chief Suresh Saleh, who is being interrogated in connection with the Easter Sunday terror attack, to provide the passwords of his mobile phone and laptop to the Criminal Investigation Department.
These orders were issued when the case filed against former Director of the State Intelligence Service, retired Major General Suresh Saleh and two other suspects in connection with the Easter Sunday terror attack was taken up at the Fort Magistrate’s Court today.
President’s Counsel Shavindra Fernando, appearing for suspect Suresh Sale, said:
“The right to a fair trial, the presumption of innocence and the right to remain silent have been recognized under Article 13 of the Constitution of our country.
Therefore, it is not possible to issue orders under Section 124 of the Criminal Procedure Code to provide such a password in a manner that violates them. I submit that you have no legal authority to issue such an order.”
However, after considering the facts presented, Fort Magistrate Pasan Amarasena ordered former Director of the State Intelligence Service Suresh Sale to provide the passwords of his mobile phone and laptop to the investigating officers in accordance with Section 124 of the Criminal Procedure Code, based on the need to assist in the investigations.
Meanwhile, the Fort Magistrate also rejected the request made by his lawyers to remove the investigation into Suresh Sale from the current Director of the Criminal Investigation Department, DIG Shani Abeysekara.
At that time, Fort Magistrate Pasan Amarasena announced the orders related to several requests that the prosecution and the defense had previously made to the court. Delivering the verdict, the Fort Magistrate said the following.
“The suspect’s lawyers had requested the court to transfer the investigation of their client from the current Director of the Criminal Investigation Department to another investigative unit.
The suspect has been remanded in custody by the Criminal Investigation Department pursuant to the provisions of the Prevention of Terrorism Act, pursuant to orders issued by the Minister of Defense.
This court has no power to question a detention order issued under the Prevention of Terrorism Act, except in a writ case or a fundamental rights case.
Furthermore, the court finds that the investigating officers are conducting a very complex investigation under the supervision of the Attorney General at this time. The suspect had told the presiding judge on March 24, 2026, ‘The investigation teams are treating me well. That is a relief to me.’
Accordingly, it is evident from the suspect’s statement that there is no reason to remove this investigation from the current Director of the Criminal Investigation Department at this time.”
“The request made to the suspect Suresh Sale, who is currently in custody, to be given the opportunity to read the books and case documents provided from home and to take notes.
The Criminal Investigation Department is of the opinion that since this suspect is someone who has engaged in a deadly fast with the intention of harming his life, he should not be given a life-threatening instrument such as a pen or pencil.
Also, since he is a detainee related to a very sensitive investigation, preventing him from secretly sharing information with outside parties in a way that would hinder the investigation is also a reason for not granting the request.
The investigating officers have informed that depending on the suspect’s mental state, recommended books suitable for him to read can be provided from the Criminal Investigation Department’s library. Therefore, this request is also rejected.”
“Furthermore, in considering the suspect’s request to make a statement before the Magistrate, the learned Magistrate has inquired whether the relevant statement is a confession made in terms of Section 127 of the Criminal Procedure Code.
However, the suspect’s side states that it is not such. Therefore, the suspect does not have the legal capacity at this time to make any other statement under Section 127 of the Criminal Procedure Code which is not a criminal utterance.”
“I will now turn my attention to the request made by the prosecution to withdraw the order issued to produce the suspect in court. I do not intend to change the order made by the former Magistrate regarding the production of the suspect in court.
However, there is a possibility that the suspect’s life may be threatened by physically bringing him to court. Accordingly, it is ordered that the suspect be produced via video technology whenever the case is called in the future.”
The case is scheduled to be called again on September 2nd.