Tamil Diplomat

Justice Illancheliyan throws out a case against suspect detained under PTA for 20 years

The High court judge Illancheliyan  rejected yesterday a confession supposed to be written by a suspect arrested and detained under PTA in 1995.

Although an ASP testified that the suspect gave the confession to him on his own will, the suspect said he had never seen this ASP before and that he wrote the confession as dictated by the police due to fear of being tortured by them.

The Judge said that,”Section 25 of the evidence ordinance says that any confessions obtained by officers from IGP to ordinary constable is legally not valid. But section 19 of the PTA says any confession obtained by officers above ASP rank could be considered as evidence .but section 24 of the evidences act says that, any confession obtained by threatening, urging or promising anything is legally not valid. The prosecution had not proved that the confession was obtained voluntarily. Hence the confession submitted in this case cannot be accepted as evidence. Hence I am rejecting this confession.”

He asked the police whether there are any other evidences against the suspect, and if not to inform the court whether to continue the case or not.