It has been confirmed in the court that the police are arbitrarily arresting individuals and detaining them on terrorism-related charges under the Prevention of Terrorism Act (PTA), using the judicial system to legitimize such actions.
Police have taken nine months to request the court to release a Muslim youth detained under PTA, a law widely criticized both locally and internationally for its disproportionate use against minority communities after determining that he had not committed any terrorist offence.
Mohamed Shuhail Mohamed Rifai, a 21-year-old student from Mawanella following an airline cabin crew course, was arrested by Dehiwala Police on October 24, 2024, and charged under PTA for allegedly posting an anti-Israel emoji on social media.
When the case was heard at the Mount Lavinia Magistrate’s Court on Wednesday, July 9, 2025, Officer-in-Charge (OIC) of the Dehiwala police station Anuradha Herath, who arrested the Muslim youth a month ago, informed the court that since the police investigations did not reveal that Shuhail Mohammed had committed any crime under the Prevention of Terrorism Act, he had no objection to releasing the youth on bail.
Attorneys Rashad Ahmed, Ilham Hassanali, M.K.M. Farzan, and Prathibha Geethma Fernando, who appeared in court on behalf of the detained Muslim youth, strongly criticized the police and questioned the (OIC) over the prolonged detention of Shuhail, who had not been accused of any crime.
“Why was Shuhail, who has committed no crime, detained for so long under the Prevention of Terrorism Act?” the Social Justice Lawyers’ Collective questioned on social media, adding that the Mount Lavinia Magistrate had also posed this question to the police during proceedings.
Mount Lavinia Additional Magistrate Hemali Halpandeniya has informed the Dehiwala Police that, since the police took steps to prepare extracts related to the case on 27th May 2025 and forwarded them to the Legal Division and the Attorney General seeking legal advice, the Magistrate’s Court is not in a position to grant bail to the suspect under the Prevention of Terrorism Act without the Attorney General’s instructions.
The Magistrate who directed the Dehiwala Police to consult the Attorney General through the Legal Division if no offence is found against the suspect under the Prevention of Terrorism Act (PTA) has informed the court that she will proceed in accordance with the Attorney General’s instructions.
Attorney Pratibha Geethma Fernando told reporters that a request was made to the magistrate who had ordered the remand of the youth charged by the police, noting that she had the authority to release the suspect, especially as the police themselves had confirmed that no offence had been committed under the Act.
“I told the Magistrate that if she had the authority to remand the suspect under the PTA, she also has the authority to release him when no charges are proven. She responded that, since advice has been received from the Attorney General, she cannot make a decision. If no such advice existed, she could have ruled on the matter. Therefore, she instructed the police to seek a directive from the Attorney General and submit it to the court.”
The Supreme Court recently emphasized that magistrates must act with discernment when granting bail, rather than rigidly adhering to legal texts.
Justice Yasantha Kodagoda stated that granting bail should be the norm, while denying it should remain the exception.
This view was endorsed by Chief Justice Murdu Fernando and Justice S. Thurairajah during the hearing of a fundamental rights petition filed by the Polonnaruwa Magistrate. The case involved the remanding of two Kalukelle residents who had protested against inaction by authorities in preventing the invasion of their village and fields by wild elephants
The Human Rights Commission of Sri Lanka has recently recommended that the Acting Inspector General of Police consult with the Attorney General to establish clear guidelines on the standard of “reasonable suspicion” when conducting investigations related to terrorism offences.
The case of Mohammed Shuhail Mohammed Rifai is scheduled to be heard again on July 15. According to the Social Justice Lawyers’ Collective, the Mount Lavinia Magistrate has ordered that the detained Muslim youth be produced in open court on that day.
Opposition MP Mujibur Rahman, speaking in Parliament on July 9, questioned how police authorities could justify detaining Mohammed Shuhail for nine months over an anti-Israeli Facebook post, while Easter bombing suspect ‘Podi Saharan’ was released just three days after being arrested for taking photographs at the recent Bora Conference held in Colombo.
Gajendrakumar Ponnambalam, leader of the Tamil National People’s Front, strongly condemned in Parliament the use of anti-terrorism legislation to detain a young man over the posting of an emoji, calling it “disgraceful”. He warned that suppressing free expression in such a manner risks creating dissent and fuelling anti-government sentiment.
Meanwhile, MP Rahman questioned whether the police pursuing individuals critical of Israel were acting as Sri Lankan authorities or as agents of Israeli interests.
Mohammed Liyauddin Mohammed Rushdie, a young Muslim man arrested last March and detained for 90 days under the Prevention of Terrorism Act (PTA) on charges of extremism—for posting a sticker opposing the Palestinian genocide—was eventually released. His release followed mounting pressure from social activists and opposition led by Muslim and Tamil political leaders.
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