Three years after comedian Nathasha Edirisooriya’s controversial ICCPR arrest, a former CID officer expresses regret before the Supreme Court, as new police guidelines promise reform and accountability.
In a significant development before the Supreme Court, the former Officer in Charge of the Criminal Investigation Department’s Computer Crime Investigation Unit has expressed regret over the arrest of comedian Nathasha Edirisooriya under the United Nations Covenant on Civil and Political Rights Act. The statement of regret was conveyed to court through a letter submitted by State Counsel during proceedings held on February 19.
The case arose from a fundamental rights petition filed by Edirisuriya, who alleged that her arrest and subsequent remand constituted a violation of her constitutional rights. She had been taken into custody on May 27, 2023, and remanded until July 05 of that year following allegations that comments made during her 2023 comedy performance titled Modabhimana had insulted Buddhism.
The petition was taken up before a three judge Supreme Court bench comprising Chief Justice Preethi Padman Surasena and Justices Shiran Gunaratne and Achala Wengappuli. Senior State Counsel Sajith Bandara informed the bench that the former OIC had formally expressed regret over the incident and acknowledged the consequences arising from the arrest.
The letter submitted to court reportedly conveyed deep regret regarding both the arrest and the period of remand, as well as any reputational harm and mental distress suffered by the petitioner. The Chief Justice noted the expression of regret in open court and also appreciated the petitioner’s agreement to settle the matter.
During the hearing, State Counsel further informed the bench that the Inspector General of Police has prepared a set of guidelines to be followed in future arrests made under the ICCPR Act. These guidelines are intended to prevent unlawful or excessive action during arrests involving freedom of expression and religious sensitivity. The court was told that the petitioner had agreed to the proposed framework and that the directives would be circulated to police stations within two days.
Nathasha Edirisooriya and the respondent former OIC, S.M.U. Subasinghe, were both present in court when the matter was addressed. The Supreme Court, taking note of the submissions and the proposed reforms, decided to conclude the hearing of the petition.
Ediriuriya had initially been arrested at Bandaranaike International Airport in Katunayake by the CID’s Computer Crimes Investigation Unit. She was later produced before court and remanded under provisions of the ICCPR Act before being granted bail by the Colombo High Court.
The case has drawn widespread public debate regarding freedom of expression, the application of the ICCPR legislation in Sri Lanka, and police accountability in sensitive religious matters.
