Legal challenge expected over order to access Suresh Sallay’s digital devices

The former Director of the State Intelligence Service (SIS), Major General (Retired) Suresh Sallay is expected to have his lawyers file an appeal against the court order directing him to provide the passwords to his laptop computer and mobile phone, although he respects the ruling, says the leader of the Pivithuru Hela Urumaya, Udaya Gammanpila.Speaking at a media briefing in Colombo, former Minister Gammanpila stated that it is a universally accepted principle that a court does not have the right to force suspects to assist in an investigation against them.Gammanpila also pointed out that there are four reasonable grounds for not providing the passwords of the digital devices.He said the first reason is that, according to the Code of Criminal Procedure, a suspect has no obligation to assist in an investigation conducted against him.As the second reason, the former Minister stated that no one can be forced or pressured to provide passwords, and that doing so would amount to undue influence. He also emphasized that several members of the National People’s Power, including Minister Nalinda Jayatissa and Rev. Fr. Cyril Gamini Fernando, are currently exerting such undue pressure through the media.As the third reason, the leader of the Pivithuru Hela Urumaya noted that the mobile phone and computer contain highly sensitive information about intelligence informants. He said that even after an intelligence officer retires, the identity of informants remains known only to that officer.As the final reason, Gammanpila pointed to painful historical experiences where intelligence information fell into the hands of the Criminal Investigation Department, causing major damage, citing the 2002 “Millennium City” betrayal as an example, which he said completely crippled the country’s intelligence network.Considering these factors, Udaya Gammanpila said that while the court order is respected, he believes Major General Suresh Sallay’s lawyers will appeal against it on the basis of disagreement with the ruling.Further commenting, leader of the Pivithuru Hela Urumaya Udaya Gammanpila stated:“Yesterday, the Fort Magistrate ordered Suresh Sallay to provide the passwords of his mobile phone and computer to police. We respect that court order, but we do not agree with it. Because there is a universally accepted principle that a court does not have the right to force suspects to assist in an investigation against them. In this case, there are four reasonable grounds for Sallay not to provide his passwords.Therefore, we believe there are valid reasons for Suresh Sallay not to provide his passwords while respecting the court’s decision. I believe that his lawyers will appeal against this order, since they do not agree with it.”