Attorney General informs High Court of appeal against ruling in Harak Kata case

21-Aug-2026

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The Attorney General has informed the Colombo High Court that an appeal has been filed against the High Court ruling that charges brought under the Prevention of Terrorism Act (PTA) against notorious drug trafficking suspect Nadun Chinthaka Wickremaratne alias ‘Harak Kata’ and four other accused could not be proceeded with.

The matter was taken up before Colombo High Court Judge Buddhika C. Rahal on August 20, when a State Counsel appearing for the Attorney General informed court of the development.

The prosecution said an appeal had been filed before the Court of Appeal challenging the earlier High Court order, and that further legal proceedings in the case should be determined based on the final decision of the Court of Appeal.

The State Counsel further informed court that any applications filed on behalf of the accused should henceforth be made before the Court of Appeal.

Counsel for the accused, in response, submitted that as the charges filed under the PTA had been dismissed pursuant to the Colombo High Court judgment delivered on 30 July, there was currently no valid indictment pending before the High Court.

In such circumstances, defence counsel argued that there was no legal basis to keep the accused in remand custody. They also brought to the court’s attention that although Harak Kata and Mithigama Ruwan, who was arrested along with him, are currently being held at the Welisara Prison, they are allegedly being kept under the control of Navy personnel rather than prison authorities.

During the proceedings, Harak Kata was produced before court through video link. He directly addressed the court and stated that he was being held at Welisara Prison under the custody of Navy personnel.

He also adjusted the camera angle to show the Navy personnel standing around him. He alleged that while he was held at the Tangalle Prison, he had received treatment for a knee condition at the Tangalle Ayurvedic Hospital, but that he had not been provided with the necessary medical treatment at Welisara Prison.

A Senior State Counsel appearing for the Attorney General, responding to the submission, informed court that military and naval personnel had been attached to prison facilities in accordance with a Government Gazette notification.

After considering the submissions made by both parties, High Court Judge Buddhika C. Rahal observed that it would not be appropriate to grant bail or release the accused while the Attorney General had already appealed against the High Court judgment.

The judge therefore advised the defence counsel that if they sought any relief, they should pursue the matter before the Court of Appeal.

The court further observed that, as the accused were being held in remand custody, they should remain under the responsibility of prison authorities in accordance with the Prisons Ordinance.

At the same time, the judge directed prison authorities to ensure that the suspect receives appropriate medical treatment.

The further hearing of the case was accordingly adjourned until 7 September.