CJ nominates seven-judge Bench to hear petitions on Easter Sunday attacks

By S. S. Selvanayagam

Chief Justice Jayantha Jayasuriya has decided to nominate a seven-judge Bench to hear the Fundamental Rights petitions filed against Inspector General of Police (IGP) Pujith Jayasundera and former Secretary to the Ministry of Defence Hemasiri Fernando, for their alleged failure to act on intelligence on the Easter Sunday attacks.

The petitions came up before the Bench comprising Justices B. P. Aluvihara, Sisira J De Abrew. Five petitions were taken up yesterday, whereas there are altogether nine petitions filed so far.

Additional Solicitor General Farzana Jameel, with Deputy Solicitor General Nerin Pulle and Senior State Counsel Induni Punchihewa, appeared for the Attorney General.

Gamini Perera appeared for the Petitioners, Janath S. Vidanage who is the Managing Director of a travel company, as well as Saman Nandana Sirimanne, the father of the deceased Medha Sathsarani Sirimanne (21) and Imesh Thiwanka Sirimanne.

Saliya Peries PC appeared for Rev. Fathers Ashok Stephan, Sarath Ithamalgoda and Sherard Jayawardana.

Faisz Musthapha PC with Razik Zarook PC, Faiza Markar, Faris Sally, Hejaz Hisbullah and M. Mehran Careem appeared for the petitioner Hilmy Ahamed. Sanjeeva Jayawardena PC appeared for BASL.

The Attorney General had, on May 3, declined to appear for former 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. Viran Corea appeared for Respondent IGP Jayasundera. Anuja Premaratne appeared for Respondent former Secretary to the Ministry of Defence Fernando.

Petitioners claim the inaction/actions of the Respondents constitute Executive and Administrative Action. They seek 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. They are also asking the Court to direct the Attorney General to investigate and prosecute the IGP under the Penal Code.