In a landmark decision, Fort Magistrate Lanka Jayaratne rejected the arguments presented by lawyers of UPFA MP Jayantha Samaraweera and Wimal Weerawansa's brother Sarath Weerawansa, and determined the FCID to be a legal institution.
This judgement was given during the Magisterial Inquiries regarding the alleged misuse of state vehicles by the two suspects.
Their lawyers had argued that the FCID is illegal and therefore the arrest of their clients by the FCID is also illegal. They said that the FCID was not established by the Parliament. It was established by the IGP.
The lawyers argued that the Police Narcotics Bureau was established by a Parliamentary Act.
However, the Magistrate said that it was also established by the IGP under the police ordinance. Similarly, the IGP can form a separate investigative body under the police ordinance for special purposes, the Magistrate said.
There is an ongoing Fundamental Rights petition at the Supreme Court on the legality of the FCID, which makes the judgement even more significant.
Meanwhile, Samaraweera was released on bail under special circumstances, considering the health of his daughter. Medical reports have been filed, establishing that she was suffering from mental distress due to the absence of her father. Sarath Weerawansa was further remanded till November 7.