(A Special Investigative Report)
While the law is meant to be a shield of justice applied equally to all, there are moments when it is twisted into a weapon of political vendetta. The ongoing legal drama surrounding the arrest of the former Chief of State Intelligence Service (SIS), Major General (Retd.) Tuan Suresh Sallay, is issuing a severe warning about the deteriorating impartiality of Sri Lanka’s criminal justice system.
An in-depth analysis of the proceedings at the Colombo Fort Magistrate’s Court (Case No. 35882/24) on March 04, 2026, and the subsequent actions within the Criminal Investigation Department (CID), reveals a disturbing pattern. This is not merely a legal investigation; it has all the hallmarks of a calculated, arbitrary crackdown.
Here are the dark chapters of this legal anomaly:
1. The Bizarre Twist: From Complainant to Detainee
The genesis of this saga traces back to a 2021 Zoom media conference organized by the International Truth and Justice Project (ITJP). Following controversial statements made by Rev. Fr. Cyril Gamini during this conference, Suresh Sallay lodged a formal complaint with the CID’s Special Unit. Fearing imminent arrest, Fr. Cyril filed a Fundamental Rights (FR) application in the Supreme Court before even giving his statement to the police. Eventually, the CID recorded his statement and forwarded the investigation notes along with the Zoom video recording to the Attorney General for advice. The current status of this initial case remains a mystery.
Sallay did not stop there. He also filed a defamation lawsuit against Fr. Cyril in the Colombo District Court (Case No. DMR/325/2022), seeking damages for the harm caused to his reputation. In this ongoing case, Sallay had already concluded giving evidence as the complainant party, and Fr. Cyril was next in line to testify.
While this legal battle was heavily cornering Fr. Cyril, a sudden new criminal complaint was filed by his friend, Fr. Rohan Silva—who incidentally was also a participant in the initial 2021 Zoom conference. It is strongly suspected that this new complaint was a strategic, orchestrated move to rescue his friend Fr. Cyril from the ongoing litigation. The shocking result? On February 25, 2026, the original complainant, Suresh Sallay, was abruptly arrested under the draconian Prevention of Terrorism Act (PTA).
2. The Courtroom Farce: “We are still thinking about it, Your Honor”
To detain an individual under a 90-day Detention Order utilizing a stringent law like the PTA, there must be a “Reasonable Suspicion” of their involvement in a severe terrorist activity. However, the dialogue that unfolded in the Fort Magistrate’s Court on March 04 painted a vastly different picture.
When the Magistrate directly questioned the CID, “Have you named him a suspect?”, the CID replied, “No, Your Honor.” When further pressed, “In which case are you making him a suspect?”, the CID’s response sent shockwaves through the legal fraternity: “We are still thinking about it, Your Honor.”
Investigative Legal Argument: Article 13(1) of the Sri Lankan Constitution guarantees freedom from arbitrary arrest. Detaining a high-ranking former military official for 90 days under the PTA while the CID is “still thinking” about the charges exposes a blatant abuse of power. It heavily suggests a politically motivated witch-hunt rather than a pursuit of justice.
3. The Assassination of Lawyer-Client Privilege
One of the most sacred rights of any citizen before the law is the right to have confidential consultations with their legal counsel. On March 03, 2026, Sallay’s legal counsel, Mr. Bhanuka R. Malaviarachchi, officially wrote to the CID Director, requesting a meeting with his client in an appropriate setting where the confidentiality and privilege attached to “Attorney-Client” communications are fully respected.
However, the meeting granted on the afternoon of March 04 added a dark stain to the history of criminal jurisprudence. While the lawyer and his client were conferring, two CID officers—including an officer named ‘Mendis’, known to be a close associate of former CID Director Shani Abeysekara—sat right next to them. Appallingly, one officer attempted to record this highly confidential legal discussion on a mobile phone, while the other took notes. They only ceased when the lawyers fiercely protested.
Investigative Legal Argument: This is a forceful violation of Article 13(3) of the Constitution and Section 126 of the Evidence Ordinance, which guarantees absolute privilege for professional communications between an attorney and a client. The defense has now been forced to file a motion requesting a court order to allow legal access twice a week without any hindrance.
4. Fear of Poisoning and Extreme Detention Conditions
Suresh Sallay is not an ordinary suspect; he is a former intelligence chief who played a pivotal role in national security. Because of the services rendered to the Republic of Sri Lanka, there are severe threats to his life. Citing a grave fear that his food might be poisoned, his wife made a written request to the CID Director on February 26 to allow home-cooked meals to be provided to him.
Yet, the CID responded on February 27, ruthlessly denying this request. The CID explicitly stated that for the “health and safety” of the suspects, no outside food would be allowed, and Sallay would only be provided food prepared by the CID canteen. This refusal only amplifies the family’s fear of an assassination attempt via poisoning. Furthermore, there is a reasonable suspicion that he may be subjected to torture, cruel, or degrading treatment while in custody.
Adding to the procedural violations, on the day of his arrest, CID officers entered and thoroughly searched his residence without a search warrant, claiming the PTA does not require one. Alarmingly, this extensive search was conducted without the presence of a single female police officer.
Investigative Conclusion
Detaining an individual for 90 days without formally naming him a suspect, denying him secure legal counsel, secretly attempting to record lawyer-client meetings, and imposing conditions harsher than those given to underworld kingpins—what does this signify? This is not a legitimate criminal investigation. It is a glaring manifestation of a political witch-hunt orchestrated by an invisible hand, weaponizing the law and trampling on the Constitution. If this arbitrary process is not rectified immediately, the same dark fate could befall any ordinary citizen tomorrow.
Editor’s Note (Disclaimer):
[The contents of this article are entirely based on the official Motion (Case No. 35882/24) filed by the suspect’s legal counsel at the Colombo Fort Magistrate’s Court and the official correspondence exchanged with the Criminal Investigation Department (CID). The purpose of this report is not to interfere with any ongoing judicial proceedings or investigations, but to foster a broader public discourse on the rule of law, fundamental rights guaranteed by the Constitution, and the integrity of the criminal justice system].