Court orders Suresh Sallay to hand over phone and laptop passwords

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Published: 2026-07-01 15:50:13 | Added: 2026-07-01 16:21:05 | 6 views

The Fort Magistrate’s Court today (1) ordered former Director of the State Intelligence Service, retired Major General Suresh Sallay, to provide the Criminal Investigation Department (CID) with the passwords to his mobile phone and laptop as part of the investigations into the Easter Sunday terrorist attacks.

Meanwhile, Fort Magistrate Pasan Amarasena rejected a request by Sallay’s lawyers to remove the investigation from the current Director of the CID, Deputy Inspector General Shani Abeysekara.

The case filed against retired Major General Suresh Sallay, the former Director of the State Intelligence Service, and another suspect in connection with the Easter Sunday terrorist attacks was taken up before the Fort Magistrate’s Court.

At the hearing, Magistrate Pasan Amarasena delivered rulings on several applications previously made by both the prosecution and the defence.

Referring to the defence request to transfer the investigation to another unit, the Magistrate stated:

“The suspect’s legal representatives requested that the investigation concerning their client be removed from the current Director of the Criminal Investigation Department and assigned to another investigative body.

The suspect has been placed in CID custody under detention orders issued by the Minister of Defence in accordance with the provisions of the Prevention of Terrorism Act.

This court has no authority to question such a detention order except through a writ application or a fundamental rights petition.

Furthermore, it is apparent to the court that an extremely complex investigation is being conducted efficiently by the investigating officers under the supervision of the Attorney General. On 24 March 2026, the suspect himself informed the previous magistrate that ‘the investigation teams are treating me well, and that is a relief to me’.

Accordingly, the suspect’s own statement demonstrates that there is no basis at this stage to remove the investigation from the current Director of the CID.”

The Magistrate also rejected an application seeking permission for Sallay to read books and legal documents supplied from his home and to make written notes while in detention.

He observed:

“The CID has submitted that the suspect had engaged in a life-threatening hunger strike with the intention of causing harm to himself and, therefore, should not be provided with items such as pens or pencils that could potentially be used for self-harm.

In addition, as he is being held in connection with a highly sensitive investigation, there is a need to prevent any covert exchange of information with external parties that could hinder the investigation.

Investigating officers have informed the court that suitable reading material, recommended in accordance with the suspect’s mental condition, can be provided through the CID library. Accordingly, this request is also refused.”

The court further rejected a request by the suspect to make a statement before the Magistrate.

The Magistrate noted:

“The previous magistrate had inquired whether the proposed statement amounted to a confession under Section 127 of the Code of Criminal Procedure. The suspect’s side has stated that it does not.

If it is not a confession, the suspect does not have the legal capacity at this stage to make any other statement under Section 127 of the Code.”

Addressing a prosecution request to discontinue the requirement that the suspect be physically produced before court, the Magistrate stated that he would not alter the order made by his predecessor. However, he added:

“Bringing the suspect physically before court may expose him to threats to his life. Therefore, in future hearings, the suspect shall be produced via video technology.”

Following the delivery of these rulings, Additional Solicitor General Dilipa Peiris, appearing for the prosecution, made a further submission.

“Your Honour, exactly two days after the last hearing, the third suspect commenced a hunger strike. He had been cooperative with the CID during the initial period, but began the strike immediately after overseas travel bans were obtained against three individuals.

For a month, we were unable to question him. In order to keep him alive until the conclusion of the case, we had to administer costly vitamins through a nasal tube. It appears that he has now ended the hunger strike.

We must now bring him back to the CID and proceed with the investigation. He is a hacker, Your Honour. His phone and laptop are interconnected. We therefore request an order directing him to provide the passwords necessary to access those devices.”

President’s Counsel Shavindra Fernando, appearing for Suresh Sallay, objected to the request.

He argued:

“Article 13 of our Constitution guarantees the right to a fair trial, the presumption of innocence and the right to remain silent.

Therefore, an order compelling the disclosure of passwords under Section 124 of the Code of Criminal Procedure would violate those rights. I submit that Your Honour has no legal authority to issue such an order.”

However, after considering the submissions, Magistrate Pasan Amarasena ruled that, under Section 124 of the Code of Criminal Procedure and in the interest of facilitating the investigation, former State Intelligence Service Director Suresh Sallay must provide investigators with the passwords to his mobile phone and laptop.

The case was fixed for further hearing on 2 September.