Colombo, 01 September 2026 – In a significant ruling emphasizing the provisions for prolonged detention under anti-terrorism laws, the Court of Appeal today, September 1, 2026, granted bail to Fousin Mohamed Kamil, who had been held for over two years without trial under the Prevention of Terrorism (Temporary Provisions) (Amendment) Act No. 12 of 2022.
The decision was delivered in the case of Fousin Mohamed Kamil v. W.C. Perera and Others (CA/Bail/0033/26), highlighting the judiciary’s role in safeguarding rights amidst national security concerns.
Background of the Detention
Fousin Mohamed Kamil was initially arrested on May 24, 2024, by officers from the Mulliyawalai Police Station and implicated in Magistrate Court Mullaitivu case No. B/626/2024. The allegation centered on his purported role in aiding and abetting another suspect, who had been arrested under the Prevention of Terrorism Act (PTA) for possessing hand bombs and a T56 rifle. Kamil was alleged to have facilitated this by hiring a van. Although he was subsequently discharged from case No. B/626/2024, he was then added to case No. B/605/2024 and charged under sections 3(a)b, 5(a)b, 2(1), and 6(1) of the PTA, as amended by Act No. 12 of 2022.
His continued detention in Jaffna remand prison extended beyond two years, prompting the application for bail.
Legal Arguments and the Amended PTA
Representing the Petitioner, counsel Rushdhie Habeeb, with Rizwan Uwais, argued that no evidential materials were presented before the Court at the time of Kamil’s arrest. Furthermore, they contended that no written authority, as mandated by Section 6(1) of the PTA, was filed alongside the B report in case No. B/605/2024, thus questioning the validity of his detention under the PTA provisions.
The core of the bail application rested on Section 15(b) of the Prevention of Terrorism (Temporary Provisions) (Amendment) Act No. 12 of 2022. This crucial amendment provides that if the trial against a person remanded or detained under the Act has not commenced after the expiration of twelve months from the date of arrest, the Court of Appeal may release such person on bail. The Petitioner’s counsel underscored that the non-commencement of the trial within this 12-month period is the pivotal factor, irrespective of whether an indictment has been filed or not.
The Court was also informed that despite the prolonged detention, spanning over two years, there had been no significant progress in the investigation, nor any further decisions communicated by the Attorney General’s Department regarding the suspect’s case. Notably, the vehicle implicated in the case had already been released to its claimant.
Court’s Deliberation and Order
The application was heard on June 24, 2026, before Justices P. Kumararatnam and R.P. Hettiarachchi. The Court took into consideration the arguments presented and the extended period of detention without trial commencement.
In a significant development, learned State Counsel Zacky Smail, representing the respondents (including the police and the Attorney General), did not object to the granting of bail. This stance was taken “in keeping with the highest tradition of the Attorney General’s Department” and considering the involvement of the suspect in this particular case.
Being satisfied that the Petitioner had presented acceptable circumstances for granting bail, the Court allowed the application and ordered the release of Fousin Mohamed Kamil, subject to specific conditions.
Conditions for Bail
The Court imposed the following conditions for bail:
- Cash bail of Rs. 50,000.
- Two sureties, including the Petitioner, to provide a bond of Rs. 500,000 each.
- The Petitioner and the sureties must reside at their stated addresses until the conclusion of the case.
- A prohibition from directly or indirectly approaching any prosecution witnesses or interfering with them.
- Surrender of any existing passport to the court and a ban on applying for new travel documents. The Controller of Immigration and Emigration is to be informed of this travel restriction.
- Reporting to the Officer-in-Charge, Police Station, Mulliyawalai, on the 2nd and the last Sunday of every month between 9:00 AM and 1:00 PM.
- Any breach of these stipulated conditions will lead to the cancellation of bail.
Concluding Directive
The Court allowed the bail application and issued a directive to the Learned Magistrate of Mullaitivu to enlarge the suspect on bail under the aforementioned conditions. The Registrar of the Court of Appeal was further instructed to transmit this bail order to the Magistrate Court of Mullaitivu and the Officer-in-Charge, Police Station, Mulliyawalai.
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