Chief Justice refuse Glider German's fundamental rights plea
[25 Apr 2000]

Chief Justice Sarath N. Silva refused the fundamental rights petition filed by a German engineer of a Board of Investment (BOI) approved company, who has challenged his detention by the Negombo police while assembling a motorised paraglider last month.

"The manufacture of flying apparatus cannot be allowed in the context of a war situation in the country without informing the police and permission from the Commander of the Air Force," observed the Chief Justice.

The German engineer, Uwe Becker, who is also the Managing Director of B. Two Engineering (Pvt) Ltd was arrested on March 14 and he was detained at the police station until March 17. He was then produced before a Magistrate and bailed out.

Mr. Becker had also claimed Rs. 20 million as damages.

Counsel for petitioner G.D. Weerasinghe told court that what was being manufactured was a prototype on an order placed by Sky Sports (Pvt) Ltd and a letter was sent to the BOI seeking Air Force clearance on 26 February which was followed by another letter to the Air Force Commander on 14th March by Sky Sports (Pvt) Ltd for the same purpose.

However, the Chief Justice noted that the Air Force should have been contacted at the outset and that the BOI had nothing to do with Defence Establishment. The decision to write to the Air Force on March 14th, the day of the arrest appeared to be an afterthought, the Chief Justice observed.

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