The Indictment

1. This complaint states that in Colombo, which is within the jurisdiction of this
court during the period between 1st June 2006 and 1st June 2007, the accused
together with unknown persons committed an offence or abetted the commission
of an offence or entered into a common intention with a prior understanding to
abet the commission of an offence whether planned or unplanned, by words either
spoken or intended to be read or by signs or by visible representations or
otherwise, which intends to cause the commission of acts of violence or racial or
communal disharmony and brings the Government into disrepute, through the
printing or distribution of the publication North Eastern Monthly magazine or by
agreeing to commit or abet the commission of the offence of acting to promote
that organization, and that since the aforesaid offence has been committed as a
result of the said conspiracy, an offence which is a punishable under section
2(2)(ii) read with section 2(1)(h) of the Prevention of Terrorism (Temporary
Provisions) Act no. 48 of 1979 as amended by Act No. 10 of 1982 and Act No. 22
of 1988 which is to be read with section 113 (a) and section 102 the penal code
has been committed.

2. In the above time, place and circumstances, an offence has been committed by
words either spoken or intended to be read or by signs or by visible
representations or otherwise, which intends to cause the commission of acts of
violence or racial or communal disharmony and brings the Government into
disrepute, through the printing or distribution of the publication North Eastern
Monthly Magazine or by acting to promote that organization, through the
publishing of its contents seen in the document extract marked “X” and annexed
hereto, which is a punishable offence under section 2(2)(ii) read with section
2(1)(h) of the of the Prevention of Terrorism (Temporary Provisions) Act no. 48
of 1979 as amended by Act No. 10 of 1982 and Act No. 22 of 1988 which is to be
read with section 113 (a) and section 102 the penal code.

3. In the above time, place and circumstances, an offence has been committed by
contributing or collecting or obtaining information relating to or donating funds
for the purpose of terrorism through the collection of funds from Non
Governmental Organisations for the North Eastern Monthly magazine, which is
an offence punishable under Regulation 6 (c) of the Emergency (Prevention and
Prohibition of Terrorism and Specified Terrorist Activities) Regulations No. 07 of
2003 published on 6th December 2006 in Gazette Extraordinary No. 1474/3 of the
Democratic Socialist Republic of Sri Lanka.

Annexure X
01. By stating in the July 2006 the editorial of the North Eastern Monthly
Magazine under the heading “Providing security to Tamils now will define
northeastern politics of the future” stating, “it is fairly obvious that the
government is not going to offer them any protection. In fact it is the state
security forces that are the main perpetrator of the killings.”

02. By stating that in the November 2006 North East Monthly, under the
heading “With no military options Govt. buys time by offering watereddown
devolution” he states, “Such offensives against the civilians are
accompanied by attempts to starve the population by refusing them food
as well as medicines and fuel, with the hope of driving out the people of
Vaharai and depopulating it. As this story is being written Vaharai is being
subject to intense shelling and aerial bombardment.”