34 



now, in the custody of the superintendent of the said prison. No 

 charge has been made against him. At the date of the arrest peace 

 and tranquility prevailed in the island, and all the courts in the 

 island were sitting and administering justice without any interrup- 

 tion or hindrance; such peace and tranquility has prevailed ever 

 since. 



The Attorney-General submitted that it was a sound proposi- 

 tion that when active rebellion or active rioting ceased persons 

 must be tried by courts established by legislation. The fact that 

 courts of law were sitting had nothing to do with the situation. 

 There was no question that Martial Law could exist, and ordinary 

 Law Courts continue their sitting. The Governor had the prero- 

 gative to declare Martial Law at a time of emergency. The Empire 

 was at war, and special measures had been taken throughout the 

 Empire. Its forces were concentrated, and any disturbance of a 

 dangerous nature must affect the nation as a whole. The present 

 state of affairs did not justify the withdrawal of Martial Law. 



Mr. Jayewardene contended that the fact that war was raging 

 in Europe, Asia and Africa was no ground for saying that it was 

 raging in Ceylon. To quote the Governor's own despatch the 

 commotion was caused by racial and religious animosity. The 

 authorities were armed, and sufficiently armed by the whole of the 

 Colony being made subject to the Army Act. Unless the learned 

 Attorney-General could show that war was actually raging in 

 Ceylon, no reason could be shown for the introduction of Martial 

 Law. If the disturbance has ceased the necessity for Martial Law 

 must also cease. There was no justification for the arrest of Mr. 

 de Silva. (See A-fr-pendix A.) 



38. The writer was instructed to bring the matter up by 

 way of special leave before the Privy Council. Before leaving 

 Ceylon he informed the Attorney-General of the fact. Shortly 

 after the writer's arrival in England (on July 2ist) a cablegram 

 was received by the solicitor in the case, Mr. Cayley, 30, Bedford 

 Row, W.C., in reply to an enquiry by him, that Mr. W. A. de 

 Silva had been released on a bond. There is no information) 

 that the other gentlemen, whose cases are similar to Mr. Silva's, 

 have been released. The decision sought to be obtained from 

 the Courts in England in the matter of Mr. Silva would have 

 affected the case of the others as well, and the writer was 

 instructed to obtain a decision on the questions of law involved, 

 including the legality of the arrests. While counsel was being 

 instructed in regard to the application, information was received 

 of the release of Mr. Silva. 



39. During the time of the noting the ordinary tribunals 

 were sitting without any hindrance or obstruction throughout 

 the country, and are continuing to do so. They were later 

 strengthened by the appointment of additional judges and magis- 



