AG moves for fuller SC Bench to hear FR petition on terror attacks

• FR petition filed against IGP and former Defence Secretary to be taken up on 6 June

By S.S. Selvanayagam

The Attorney General yesterday moved for the Supreme Court to appoint a fuller Bench to hear a Fundamental Rights (FR) petition filed by Saman Nandana Sirimanne, who lost his two children in the Easter Sunday attacks, against the IGP and former Defence Secretary.

The Fundamental Rights petitions have been filed against the Inspector General of Police (IGP) and the former Defence Secretary in respect of the Easter Sunday attacks. The Bench comprising Justices Sisira J. De Abrew, Murdu N.B. Fernando and Gamini Amarasekera fixed the matter for 6 June.

Gamini Perera with Ravindranath Dabare and Ishara Gunawardane appeared for the Petitioners. Additional Solicitor General Farzana Jameel with Deputy Solicitor General Nerin Pulle and Senior State Counsel Induni Punchihewa appeared for the Attorney General. Viran Corea appeared for the IGP. Anuja Premaratne appeared for the Defence Secretary.

Attorney General had, on 3 May, declined to appear for the IGP Pujith Jayasundara and DIG of the Special Security Division Priyalal Dasanayake in the Fundamental Rights petition before the Supreme Court despite the request made by the Director of the Police Legal Division.

The petition was filed by Janath S. Vidanage who is the Managing Director of a travel company. He cited IGP Pujith Jayasundara, Defence Secretary Hemasiri Fernando and DIG Priyalal Dasanayake as well as the Attorney General as Respondents.

He claims the inaction/actions of the Respondents constitute Executive and Administrative action.

He is seeking the Court for a declaration that the Respondents have violated the fundamental rights to equality and equal protection by law as well as the freedom to engage in lawful occupation and business.

He is also asking the Court to direct the Attorney General to investigate and prosecute the IGP under the Penal Code.

The Petitioner claims his primary objectives is inter alia to contribute in the administrative process whereby a responsible and accountable good governance is put in place and ensure the implementation of the right of equality before the law and equal protection of the law, in a democratic and egalitarian manner safeguarding democracy, pluralism, the rule of law, human rights and social justice.

He states that he as well as every citizen is entitled to right of equality and equal protection of the law.

The Petitioner stated that on 21 April, three Christian churches, namely, Shrine of St. Anthony Church, Kochchikade, St. Sebastian’s Church in Negombo and Zion Church in Batticaloa were bombed whilst the Easter service was taking place on one of the most important days in the Christian calendar.

Three further attacks took place at the Shangri-La Hotel, the Cinnamon Grand Hotel and The Kingsbury, three luxury hotels in the commercial capital Colombo, which were targeted in a series of coordinated terrorist suicide bombings. 

Later that day, there were more explosions that took place at a housing complex in Dematagoda and a guest house in Dehiwala when the Police approached to apprehend suspects who aided and abetted and where the suspects organised the said attacks targeted on several cities in Sri Lanka.

At least 359 people were killed, including at least 37 foreign nationals and three Police officers, and at least 500 were injured in the said bombings up to date.

On 22 April, the Government declared a state of Emergency from 23 April, restricting civil liberties after imposing a new curfew and the Government also further announced that social media apps would be blocked for use, restricting public communication over the internet, adversely affecting the public’s right to receive information.

He states he became aware from others (Cabinet ministers, MPs, several key figures including Archbishop Malcolm Cardinal Ranjith), who had already made it public, that an intelligence report had been forwarded to the IGP on the imminent danger of a planned attack by suicide bombers organised by a named extremist religious group targeting Christian churches and economically vital places among others.

In the meantime, a circular/internal memorandum came to light and the Petitioner received a copy of the same authored by the DIG addressed to some security divisions by his letter dated 11 April which is also publicly available but not denied by the 1st, 2nd or the 3rd Respondents of its existence, whereby it is revealed that the IGP received an intelligence memo warning about possible suicide bomb attacks on churches and other financial and economically vital places, being planned by Mohammed Zaharan, the leader of  Thowheeth Jama’ath.

Accordingly the IGP had advised to take necessary action for the protection of only a selected elite, namely the Directors of the Ministerial Security Division, Judicial Security Division, Foreign Officials’ Security Division and Retired Presidents’ Security Division through the 3rd Respondent DIG.

The Petitioner impugns the IGC had not taken any fruitful step in protecting the general public as he was mandated by law and as legitimately expected of him by the citizens of this country.

The IGP could have taken minimum precautionary measures, at least informing religious leaders and alerting the public, so much as to even avert the holding of Easter masses had the IGP chosen to impart such knowledge equally amongst the public in order to minimise any tragedy and thereby protect the general public.

Gamini Perera with Ravindranath Dabare and Ishara Gunawardane appeared for the Petitioner. Senior State Counsel Induni Punchihewa appeared for the Attorney General. Viran Corea appeared for the IGP. Anuja Premaratne appeared for the Defence Secretary.

Another petition was filed by Saman Nandana Sirimanne, the father of the deceased Medha Sathsarani Sirimanne (21) and  Imesh Thiwanka Sirimanne (19), seeking an order to investigate and prosecute the Inspector General of Police and former Defence Secretary under the Penal Code.