The four adults who were arrested by the police during Sunday’s (9) Aragalaya Heroe’s Memorial at Galle Face Green were produced to court on Monday (10) after were released on personal bail of Rs. 500,000/- each.
Producing the suspects in court, Sri Lanka Police said that the protesters behaved violently while making various remarks at police personnel.
Sri Lanka Police said that the protesters were informed to protest in a non-violent manner and that if they were to enter Galle Face Green, permission from the Sri Lanka Ports Authority, and the Urban Development Authority was necessary.
Sri Lanka Police also said that it was an offense to protest using torches, and said the torched were blown out and produced as evidence material in the country.
Sri Lanka Police requested the court to remand the suspects until the 21st of October.
However, President’s Counsels Saliya Pieris, Sarath Jayamanne and Rienzi Arsecularatne appearing for the protesters informed the court that Sri Lanka Police had failed to highlight the individual offenses committed by the protesters.
They pointed out that the protest was peaceful in nature, and that it was Sri Lanka Police that turned it violent.
Sri Lanka Police said that the Urban Development Authority and the Sri Lanka Ports Authority have filed a complaint requesting protesters not be allowed to enter Galle Face Green citing damage caused to the premises following previous incidents.
President’s Counsel Sarath Jayamanne said that it is not necessary to obtain permission to enter Galle Face Green as mentioned by Sri Lanka Police, adding that an inscription dating back to the colonial era affirms that the area has been designated for women and children.
President’s Counsel Saliya Pieris noted that a ruling by Former Sri Lankan Chief Justice Sarath N. Silva has made it clear the area is dedicated to the general public.
President’s Counsel Sarath Jayamanna pointed out that there is no need to obtain permission from the police under section 77/2 of the Police Ordinance based on how Sri Lanka Police had charged the suspects, and noted that it only states that Sri Lanka Police must be informed if there is a march.
The President’s Counsel said that protesters crossing the road opposite Galle Face Green had been construed by Sri Lanka Police as a procession or march.
The President’s Counsels told the court that Sri Lanka Police is using the power that is not vested in them and are engaged in such acts by following orders from above and to please the officers above them.
Producing video evidence to the Fort Magistrate, the counsel pointed out that two children were subject to police brutality during the protest.
Sri Lanka Police said that the father of the child had repeatedly brought his wife and child as a shield during the protests.
Responding to this claim, the President’s Counsel said that parents have the right to accompany their children.
Fort Magistrate Thilina Gamage who considered the submissions made by Sri Lanka Police and the defense ordered the four original suspects, and another who was named in court as a suspect, to be released on personal bail of Rs. 500,000/- each.