Kesbewa Magistrate orders to release of leaflets and posters seized from Journalist Shantha Wijesuriya’s house
On February 24, the officer in charge of the Kesbewa Police raided the house of Shantha Wijesuriya, journalist and Secretary of the action committee and arrested him on February 24 with a search warrant.

Kasbewa Magistrate today (11) ordered to release 3000 leaflets, 81 books and 500  posters printed for the democratic and socialist federation of workers and rural people under the slogan “Come to Kesbewa to protest against Human Repression on February 27” to defeat the state violence that has been unleashed against the people, including the oppressed youth, in the name of “Operation Justice”

The Magistrate ordered the release of pamphlets and posters seized by the Kesbewa Police and the seizure of propaganda materials and requested the Mount Lavania Police Superintendent to investigate the violation of the rights of speech and expression of the Colombo Action Committee. The police had filed the case under case number 29983.

The lawyers who represented the rights of journalist Shantha Wijesuriya presented facts before the court that the Officer in charge of Kesbewa Police had violated Sections 484 and 485 of the Penal Code by presenting false facts to the court and obtaining a search warrant for the pamphlets printed by the Colombo Action Committee and distributed among the labor-oppressed public. 

484 of the Penal Code of Sri Lanka states that if a person provokes a person by insulting someone with the intention of causing him to violate public order or commit another offense or knowing that such a thing will happen, he shall be imprisoned for a period of up to two years or with a fine or both punishments should be enforced. 

In Section 485 of the penal code, An officer, sailor, soldier or airman of His Majesty’s Navy or Army or Air Force, by publishing or causing to be made public any statement which he knows to be false, with the intention of causing mutiny or with the intention of causing fear or alarm to the public. If any person is induced to commit an offense against the state or public order, he shall be punished with imprisonment of up to two years, or with a fine, or both.

Lawyer Senaka Perera pointed out that there is no connection between the pamphlet distributed among the public at the initiative of the secretary of the Colombo Action Committee and the allegation that the police have violated Sections 484 and 485 of the Penal Code to disrupt public awareness campaigns against the so-called justice operation and the protest held on February 27. He pointed out that the police have misled the court and that the police cannot act in a way that violates the fundamental rights of the people.

These leaflets and posters were seized by the Kasbewa police from journalist Shantha Wijesuriya’s house situated in No-61 Sarabhumi house, Batakatthara house. Motion will be heard in Kasbewa court after 12 noon. The motion was brought by lawyer Tiranthi Kumuduni and later the motion was heard at 12.30 noon. 

The magistrate ordered to release the case goods at 1 pm.

It was noted in the room where the case goods are stored that the case goods will be released from 12 noon to 3 pm, but because the officers in charge of the case having lunch until 3 pm, we had to roam around the courts for almost two hours.

When the case goods were ready to be handed over to us, the case book was taken away saying that the magistrate had ordered to bring the case book again. Half an hour later, a court employee brought the case book to the case room.

The officer in charge of the case told us that although the magistrate ordered to release all pamphlets, posters and books in the open court, after taking the case book to the magistrate’s room, the magistrate ordered to keep one of each from four case items.

One of each of pamphlets, posters and books were taken from the case and one hand-written poster stating “People, let’s resist the police threat to kill journalist Shantha Wijesuriya” was retained by the court.

Sergeant Dinesh appeared on behalf of the police and told the administration that the investigations related to the case are over. Sergeant Dinesh said in a threatening tone that he kept the handouts to file a case in the future. 

Journalist Shantha Wijesuriya replied to him, “Tell the officer in charge, we will see you at the Supreme Court.”

Lawyer Sanjay Wilson appeared for the rights of journalist Shantha Wijesuriya.