KURUNEGALA – Kurunegala High Court Judge Tikiri Jayathilake today ordered the release of former Navy Commander Nishantha Ulugetenne on bail, severely criticizing the manner in which the Criminal Investigation Department (CID) conducted the arrest while the former Navy Commander was in remand custody.
Delivering the bail order, the High Court Judge stated that the Code of Criminal Procedure clearly outlines how to proceed against a suspect when there is no evidence, specifically referencing the requirement to act under Section 116 of the Code.
The Judge highlighted the flaws in the CID's conduct, pointing out that senior officers, such as those appointed to positions like Officer-in-Charge (OIC) of investigation units, are typically those with over 20 years of experience.
"The expectation when making such appointments is that the investigations must be conducted within legal parameters," the Judge emphasized.
He further noted that there are numerous clear precedents (case law) on how to proceed when there is insufficient evidence against a suspect, and the CID should have acted accordingly in this case. The Magistrate had previously been informed of this legal requirement in the presence of the CID.
Concluding his order, the Judge stated that the High Court observed there was insufficient evidence to maintain a case against the suspect. Accordingly, he ordered the immediate release of the former Navy Commander on bail.