The Attorney General has filed an appeal challenging a High Court decision that found charges under the Prevention of Terrorism Act against alleged drug trafficker Nadun Chinthaka Wickramaratne could not be maintained, with the case now moving to the Court of Appeal.
The Attorney General has appealed a Colombo High Court ruling from July 30 that determined charges filed under the Prevention of Terrorism Act (PTA) against alleged drug trafficker Nadun Chinthaka Wickramaratne, known as "Harak Kata," and four co-accused could not proceed. The case, which also involves allegations of conspiracy to escape while in Criminal Investigation Department custody, was addressed in court on Monday by Judge Buddhika C. Ragala.
Defence lawyers argued that with the High Court's earlier determination against the PTA charges, there was no valid indictment remaining and therefore no legal justification for continued remand detention. However, the judge determined that the pending appeal by the Attorney General made it inappropriate to grant bail at this stage, directing the defendants to seek relief through the Court of Appeal instead.
The defendants raised concerns about detention conditions at Welisara Prison. Defence representatives stated that Harak Kata and co-accused Midigama Ruwan are being held under Navy personnel rather than prison authorities, a practice the State Counsel said follows a Government Gazette notification authorizing military attachment to prison facilities. Harak Kata also complained of inadequate medical treatment for a knee condition, having previously received care at Tangalle Ayurvedic Hospital. The judge directed prison authorities to provide appropriate medical treatment and noted that if remand custody continues, detainees must remain under proper prison authority as required by the Prisons Ordinance.
The case has been postponed until September 7, pending the Court of Appeal's decision on the Attorney General's challenge to the earlier ruling.
