October 13, Colombo (LNW): The Human Rights Commission of Sri Lanka (HRCSL) has directed Sri Lanka Customs to release a collection of detained Tamil-language books, ruling that their continued seizure infringes the author’s constitutional rights, including freedom of expression and equality before the law.
The case concerns Kilinochchi-based writer B. Piratheepan, whose shipment of 288 books imported from Chennai, India, was confiscated by Customs on the grounds that the publications could threaten national harmony.
The shipment contained four titles: Ippothum Inge Irandu Thesangalthaan, Elluttal Nan Yuttam Ceykiren, Bayangaravaathi and Cyanide. Although the latter two books were eventually released after the Sri Lanka Arts Council identified them as works of fiction, Customs continued to hold 75 copies of Ippothum Inge Irandu Thesangalthaan and 147 copies of Elluttal Nan Yuttam Ceykiren.
An inquiry led by retired Supreme Court Judge Justice L.T.B. Dehideniya found that several state institutions, including Customs and the ministries responsible for defence and religious and cultural affairs, had failed to establish clear responsibility for resolving the matter. The Commission also raised concerns about the authorities’ limited ability to assess Tamil-language publications and their response to a map depicting a divided Sri Lanka on one of the book covers.
In its findings, the HRCSL emphasised that the constitutional guarantee of freedom of speech and expression under Article 14(1)(a) extends to ideas that may be controversial, unconventional or disturbing to the authorities or sections of society. It concluded that the officials concerned had not established the legal requirements necessary to justify the seizure under Section 120 of the Penal Code, including the relevant elements of individual responsibility, intent and causation.
The Commission further pointed out that criminal defamation was removed from Sri Lankan law in 2002, meaning that allegations of defamatory content directed at public officials or institutions could not, on that basis alone, justify the confiscation of the publications.
The HRCSL also determined that the prolonged detention of the books amounted to discriminatory treatment linked to language, raising violations of constitutional protections covering equality before the law, non-discrimination and the right to promote one’s culture and use one’s own language. These protections are enshrined in Articles 12(1), 12(2) and 14(1)(f) of the Constitution.
As a result, the Commission has instructed the Director General of Sri Lanka Customs to release all remaining copies of the two books without delay and submit a report confirming compliance by December 02, 2026.
Piratheepan is represented in the matter by attorneys-at-law Nadarajar Kandeepan, Dr Viranjan Herath and H. Thamilaval Kandeepan. The ruling highlights the importance of clear legal procedures when state authorities restrict access to publications, particularly where freedom of expression and linguistic rights are at stake.
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