Harak Kata PTA charges cannot proceed, the Colombo High Court ruled, although Penal Code indictments and the defendants’ bail applications remain active.
The Harak Kata PTA charges cannot be maintained, the Colombo High Court has ruled after accepting preliminary objections raised by defence lawyers.
The ruling applies to Harak Kata, whose legal name is Nadun Chinthaka Wickramaratne, and the other defendants indicted in the case.
However, the court made clear that prosecutors can continue with charges filed under the Penal Code over the alleged offences.
Colombo High Court Judge Buddhika C. Ragala delivered the order after considering arguments from the defence and the state.
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Defence lawyers Jaliya Samarasinghe and President’s Counsel U.R. de Silva raised preliminary objections when the case recently came before court.
They argued that the indictments filed under Section 2(1)(a) of the Prevention of Terrorism Act could not legally stand.
According to the defence, prosecutors had failed to clearly identify the specific offence allegedly committed by each defendant under the relevant PTA provision.
The lawyers therefore maintained that the Harak Kata PTA charges lacked the necessary legal foundation.
They also raised several other objections challenging the use of the anti-terrorism legislation against their clients.
State counsel opposed the application and argued that the court could determine whether the alleged conduct fell under the PTA only after examining evidence during the trial.
The state further submitted that the High Court could not question the validity of indictments presented by the Attorney General.
After reviewing both positions, Judge Ragala ruled that the PTA counts could not be maintained on an analysis of the facts before court.
Nevertheless, the judge said the order did not prevent the prosecution from continuing with the remaining Penal Code charges.
Following the ruling, defence counsel submitted bail applications on behalf of the defendants.
The judge ordered that the decision on those bail requests be delivered on the third day of next month.
The defendants named in the proceedings include Harak Kata, former CID Police Constable Ravindu Sandeepa Gunasekara, Dinesh Tharanga, Midigama Ruwan, also known as Ruwan Chamara, and Sanjaya Abeyasinghe.
They remain in remand custody pending the court’s decision on bail.
The ruling removes the Harak Kata PTA charges from the case but does not bring the wider proceedings to an end.
Attention will now turn to the Penal Code allegations and the High Court’s forthcoming ruling on whether the defendants should receive bail.
