Seven-judge Bench to hear nine FR petitions on Easter Sunday attacks

Tuesday, 9 July 2019 01:02 - - {{hitsCtrl.values.hits}}

Chief Justice nominates expanded bench, petitions to be taken up on 12 July

By S.S. Selvanayagam

As a matter of national importance, Chief Justice Jayantha Jayasuriya has nominated a seven-judge Bench to hear the Fundamental Rights petitions filed against Inspector General of Police (IGP) Pujith Jayasundera and former Defence Secretary Hemasiri Fernando for the alleged failure to act on intelligence information received ahead of the Easter Sunday attacks.

He yesterday nominated the seven-judge Bench comprising Chief Justice Jayantha Jayasuriya, Justice Buwaneka Aluwihare, Justice Sisira de Abrew, Justice Priyantha Jayawardena, Justice Prasanna Jayawardena, Justice L.T.B. Dehideniya and Justice Murdu Fernando.

Nine petitions have been 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. Viran Corea appeared for Respondent the IGP. Anuja Premaratne appeared for Respondent former Defence Secretary.

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 Bar Association of Sri Lanka (BASL).

The 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.

Viran Corea appeared for the Respondent IGP. Anuja Premaratne appeared for the Respondent Former Defence Secretary.

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.