Colombo, Oct. 12 (Daily Mirror) - The Human Rights Commission of Sri Lanka (HRCSL) has issued a landmark ruling declaring that the continued detention of two Tamil-language books by Sri Lanka Customs is a direct violation of the author's fundamental rights. The case involves author B. Piratheepan from Kilinochchi, whose consignment of 288 imported books printed in Chennai, India, was seized by customs officials over claims that the publications could "damage national harmony".
The disputed consignment comprised four titles: 'Ippothum Inge Irandu Thesangalthaan', 'Elluttal Nan Yuttam Ceykiren', 'Bayangaravaathi', and 'Cyanide'. While 'Bayangaravaathi' and 'Cyanide' were eventually released after the Arts Council of Sri Lanka classified them as works of fiction, authorities maintained a strict detention order on 75 copies of 'Ippothum Inge Irandu Thesangalthaan' and 147 copies of 'Elluttal Nan Yuttam Ceykiren'.
During the HRCSL inquiry chaired by retired Supreme Court Judge Justice L.T.B. Dehideniya, it was revealed that multiple state bodies—including Sri Lanka Customs, the Ministry of Defence, and the Ministry of Buddhasasana, Religious and Cultural Affairs—passed responsibility back and forth without establishing clear jurisdiction. The Commission noted that the initial seizure was largely driven by a lack of Tamil language competence within state institutions and an institutional fear regarding a divided map of Sri Lanka depicted on a book cover.
In its legal analysis, the HRCSL underscored that Article 14(1)(a) of the Constitution guarantees freedom of speech and expression, which explicitly protects unorthodox, shocking, or controversial ideas that may disturb the state or the public. Citing established Supreme Court jurisprudence, the Commission pointed out that the respondents failed to demonstrate the necessary legal thresholds of individual culpability, intent, and causation under Section 120 of the Penal Code. Furthermore, the Commission clarified that criminal defamation was repealed in Sri Lanka in 2002, stripping customs of any authority to seize books on the grounds of alleged defamatory statements against public officials or institutions.
Beyond freedom of expression, the HRCSL concluded that the arbitrary prolonged detention amounted to unlawful discrimination based on language under Article 12(2), violated equality before the law under Article 12(1), and infringed upon the author's right to promote his culture and use his native language under Article 14(1)(f). Consequently, the Commission has ordered the Director General of Sri Lanka Customs to immediately release all detained copies of the two books and submit a formal compliance report by December 2, 2026.
The complainant is represented by attorneys-at-law Nadarajar Kandeepan, Dr. Viranjan Herath, and H. Thamilaval Kandeepan.