Tamil Diplomat

Arrests, inquiries and cases, in a process contravening the law, condemns Justice Illancheliyan

The High Court Judge M.Illancheliyan said yesterday that the legal matters that should have been handled by the Northern Courts are being taken out of Jaffna District and that this act should be prevented.

Producing a person in the courts of other districts, without producing him in a court which is near to the place of arrest, is contravening all International Human Rights, political and Civil rights laws, he said.

Elaborating further, during a case in the Jaffna High Courts he said that while in a context where cases connected to Aavaa group are being heard in the Jaffna Courts, persons who were arrested on suspicion of being members of Aavaa group, are being produced in Colombo court.

A person arrested in an area should be produced in the closest court in that area. Thus, even those who are arrested under PTA had to be produced in the nearest court in the area of arrest.

It was acceptable during war times, people being produced in courts of other areas due to security reasons. But, in a context where security problems are not present and  09 courts are operating well in Jaffna District, the persons arrested in Jaffna district are taken to other Districts and produced in courts there. Because of these incidents, a question had risen among the citizens of the North as to why the courts here are operating?

Although, nearly 200 have been arrested on suspicion of being members of Aavaa group, and the cases relevant to them are proceeding here, the persons who were arrested recently on the same charge had been taken to Colombo and produced in courts there.

This affair had breached International Human Rights, Political and Civil laws. As per this law, violation of Basic Human Rights cases could be files within 3 months of occurrence of the arrest.

Although the law had come into implementation in 2007, not a single case was filed here he said.