AG directs CID to charge detained lawyer Hizbullah under PTA, ICCPR Act

Thursday, 18 February 2021 03:21 - - {{hitsCtrl.values.hits}}

Hizbullah is being held without charge since last April under PTA
AG says to name him a suspect and produce before relevant Magistrate
He faces charges of causing national, communal, religious disharmony and ill-will, hostility among communities
Other charges include abatement and conspiracy

By Chandani Kirinde

Attorney General Dappula de Livera yesterday directed the CID to name detained attorney Hejaaz Omar Hizbullah as a suspect and produce him before a Magistrate to face charges under the Prevention of Terrorism Act (PTA) and the ICCPR Act, as well as charges of conspiracy under the Penal Code.

Hizbullah will face charges under section 2 (1) (h) of the PTA, section 3(1) of the ICCPR Act and Section 102 and 113 (a) of the Penal Code, Coordinating officer to the AG State Counsel Nishara Jayaratne said.

She said that the AG’s directive came after perusal of the investigation reports submitted by the Criminal Investigation Department (CID) to the AG.

The CID was directed to explain the charges to the suspect, record a statement from him, report facts to Court and produce him before the relevant Magistrate.

Under the PTA, Hizbullah will face charges of causing or intending to cause commission of acts of violence or religious, racial, or communal disharmony or feelings of ill‐will or hostility between different communities or racial or religious groups.

Under Section 3(1) of the ICCPR Act he will face similar charges. Section 3 (1) states, “No person shall…advocate national, racial, or religious hatred that constitutes incitement to discrimination, hostility, or violence.”

Under 102 and 113 (a) of the Penal Code, he faces punishment of abetment and conspiracy.

Hizbullah is being held under a Detention Order (DO) under the PTA since last April with charges yet to be filed against him.

The Attorney General also directed the IGP to report facts and to produce the Principal of the Madrasa School Mohammed Shakeel, before the relevant Magistrate’s Court, under section 2 (1) (h) of the PTA & section 3(1) of the ICCPR Act on charges of abetting Hijaz Hizbullah, Jayaratne said.