News and events

Justice delivered: Terrorism charges against 16 Tamil youth dismissed

2025-07-27

In a significant legal victory, the Colombo High Court on 25th July acquitted sixteen Tamil fishermen from the Northern and Eastern provinces who had been arrested on serious terrorismrelated charges, including revamping and regrouping a proscribed militant organization and conspiring to commit offences. The court ordered their immediate release, thereby clearing them of all charges after a prolonged legal battle.

The individuals acquitted were Partheepan, Thuyavan, Charles, Suyanthan, Manoharan, Uthayasivam, Vasanthan, Eelaventhan, Umasuthan, Inparaj, Yuvan, Suthakaran, Seelan, Azhakasivam, Inthiraraja, and Sarma.

The case was filed at the Colombo High Court under Regulation 5 read with Regulation 3 of Extraordinary Gazette Notification No. 1721/2 of 2011, issued by the President pursuant to Section 27 of the Prevention of Terrorism Temporary Provisions Act, No. 48 of 1979. It related to two suspectsIllakiyan Master and Sudarwho remain at large and were alleged to have conspired to commit offences in various locations across the North and East, including Pooneryn, Akkarayankulam, Mugamalai, Chavakachcheri, Thachchanthoppu, Settiyar Tharaively, Jaffna, Sundikuli, Mutkomban, Batticaloa, Point Pedro, and Vallipuram.

In addition to the 28 terrorismrelated charges, the sixteen accused were also charged under Section 32 read with Section 34 of the Convention on the Suppression of Terrorist Financing Act, No. 25 of 2005, for allegedly aiding and abetting such activities.

The Attorney General, appearing on behalf of the State, filed a charge sheet in 2020 that included written confessions by the accused, forensic reports from the Government Analysts Department, medical reports from the Judicial Medical Officer, and statements from 58 witnesses. The accused were arrested in March and April 2020 and remained in detention for nearly two years before being released on bail by the Colombo High Court.

The attorneys appearing on behalf of the accused filed preliminary objections to the charge sheet before the hearing commenced. They argued that the charges exceeded the jurisdiction of the Colombo High Court and that the case should have been filed in high courts located within the Northern and Eastern provinces. The defence further contended that the case violated constitutional principles and special provisions governing provincial courts. It was also submitted that the use of Section 27 of the PTA in this context was legally unsound.

Following consideration of these arguments and written submissions from both sides, the court accepted the preliminary objection under the Code of Criminal Procedure Act and discharged the sixteen accused without proceeding to trial. The ruling came on the basis that the charges were not properly framed in accordance with Chapter 16 of the Act.

This case has drawn attention for its broader implications on due process, jurisdictional overreach, and the misuse of counterterrorism laws against Tamil youth, especially in the postwar context. The decision marks a rare and important legal success for those accused under the PTAa law that has long been criticized for enabling prolonged detention without trial and for lacking judicial safeguards.

Senior Counsel K.S. Ratnavale led the legal team for the accused, supported by Attorneys C. Ranitha Gnanarajah, Suranga Bandara, Suwathika Ravichandran, Kethini Pakkiyarasa, and Woshan Herath. Senior State Counsel Udara Karunatilleke and State Counsel Sujith Bandara appeared on behalf of the State.