Detention of Investigative Journalist Keerthi Rathnayake: A Question of Legality and Public Interest
The detention of investigative journalist Keerthi Rathnayake by Gotabaya Rajapaksha's government has raised profound legal and ethical questions. While national security is paramount, the circumstances of the case—including his status as a journalist, the nature of his intelligence, and the public interest in preventing an attack—suggest that his continued detention under the Prevention of Terrorism Act (PTA) was of questionable legality.
Mr. Rathnayake, a former Air Force intelligence officer and journalist for Lanka-e-News, was arrested on August 14, 2021, after warning the Indian High Commission in Colombo of a possible terrorist attack . The warning, sent via WhatsApp, was based on intelligence he had received. He was subsequently detained for 90 days under the Prevention of Terrorism Act . The core of the matter lies in balancing the state's obligation to protect national security with an individual's fundamental rights, particularly when that individual is acting as a journalist and a citizen.
International Intelligence Community Acknowledged the Warning
The value of the intelligence provided by Mr. Rathnayake was not lost on the international community. His early warning to the Indian High Commission was reportedly praised by Indian intelligence agencies for its timeliness and accuracy. The Indian government, taking the threat seriously, requested that the Sri Lankan government strengthen security around its High Commission and other consulates in the country. This action demonstrates that the information was deemed credible and significant by a major international partner. While reports specifically mentioning the FBI confirmed that the intelligence was credible. the response from the Indian government and the seriousness with which the threat was treated suggest that such warnings are taken with utmost gravity by allied intelligence services.
The nature of his crime, therefore, is paradoxical. He was arrested for sharing information that ultimately led to increased security for a foreign diplomatic mission, preventing a potential attack. International journalist organizations, including the International Federation of Journalists and the Committee to Protect Journalists, highlighted this contradiction, with the CPJ stating that "Providing safety information to a foreign mission is hardly a crime" . This international perspective on his actions underscores the questionable basis for his prosecution.
Allegations of a Political Conspiracy
Further deepening the controversy are allegations that the arrest was part of a larger political conspiracy. The article you referenced suggests that Gotabaya Rajapaksa and his close allies may have planned the attack on the Indian High Commission, with Mr. Rathnayake's exposure of the plot threatening that plan. While the search results do not provide direct evidence of this specific claim, they do paint a picture of a deeply compromised political and law enforcement environment that could facilitate such actions.
The search results detail the downfall of Deshabandu Tennakoon, the Inspector General of Police at the time, who was later sacked by Parliament for misconduct and abuse of power . He evaded arrest for weeks after a court order was issued against him in connection with a fatal shooting incident in Weligama in December 2023 . This shooting, which killed a police officer, is alleged to be the result of an unauthorized operation by a team from the Colombo Crime Division that he had dispatched .
Deshabandu Tennakoon was the officer who ordered the arrest of Keerthi Rathnayake . The context of his subsequent conduct—evading arrest, his tainted record including a Supreme Court ruling that found him guilty of torturing a suspect, and his alleged maintenance of an unofficial armed squad—raises serious questions about the integrity of the decision to detain Mr. Rathnayake . The lawyer for Keerthi Rathnayake specifically requested the Bar Association to intervene to save his client's life, fearing he would be killed while being taken to Kandy for questioning . This request to the BASL (Bar Association of Sri Lanka) to intervene to save the journalist's life was made on the very day he was arrested, August 14, 2021 .
Procedural Violations and a "Wasted Year"
The arrest and subsequent proceedings against Mr. Rathnayake appear to have been marred by significant procedural violations. The Fundamental Rights petition he filed details multiple infringements of his rights under the Constitution, including:
Article 12(1): The right to equality before the law. The petition argues his arrest was unlawful and tainted by malice, as he was questioned extensively about his journalistic articles and sources, rather than the specific intelligence he had shared .
Article 13(1): The right to be informed of the reasons for arrest. He was not informed of the reasons for his arrest at the time .
Article 13(2): The right to be produced before a magistrate within 24 hours. The petition contends he was not produced before a competent court and that the detention order was sought for "collateral purposes" .
Article 14(1)(a): The right to freedom of speech and expression, including publication. He was questioned in an intimidating manner about his sources, threatening his journalistic work .
Article 14(1)(g): The right to engage in any lawful occupation. The intimidation caused him to fear continuing his occupation as a journalist .
The reference to "one year was wasted by 6 month arrest by CCID" highlights the disproportionate impact on his life and career. The Colombo Crimes Division (CCD), which arrested him, held him for a significant period . The focus of the questioning, as noted in the Fundamental Rights petition, was often on his journalistic sources and articles rather than the substantive issue of the warning, suggesting the arrest may have been a form of harassment or intimidation targeting his work as a journalist exposing state wrongdoing .
The Journalist as a Target
Mr. Rathnayake’s case is emblematic of the challenges facing journalists in Sri Lanka. His reporting had previously exposed controversial state actions, including an exposé on the alleged plot to kill an underworld figure named Kosgoda Tharaka by a police "hit squad" . The Media Organisations Collective expressed concern over his arrest and others, urging the police to ensure that questioning of journalists is done within the confines of the law and without inciting fear . His continued detention, while being questioned about unrelated articles, suggests a pattern of using state power to target critics.
Call to Action
While the state retains the prerogative to detain individuals in the name of national security, such power is not absolute. The detention of Keerthi Rathnayake appears to be a questionable exercise of state power that chills press freedom and dissuades the public from cooperating with security forces. The fact that his information was praised by international intelligence services, while he was detained for sharing it, undermines the legitimacy of the state's actions. Furthermore, the context of the police chief who ordered his arrest later being sacked for misconduct and being wanted by the courts for a fatal shooting adds a layer of profound concern about the integrity of the investigation.
It is respectfully submitted that the detention of Mr. Rathnayake was illegal, unconstitutional, and set a dangerous precedent. We call upon the authorities to ensure no journalist is persecuted for acting in the public interest.