BASL seeks fuller bench for FR petitions on terror attacks

• SC fixes petition on 6 June to be taken up with similar petitions

By S.S. Selvanayaagam

The Supreme Court yesterday fixed for 6 June a Fundamental Rights (FR) petition by the Bar Association of Sri Lanka (BASL) seeking a fuller Supreme Court Bench to hear petitions on the Easter Sunday attacks.

The Bench comprising Justices Prasanna S. Jayawardena, Lalith Dehideniya and P.Padman Surasena fixed the matter for 6 June to be taken up along with other kindred petitions

Petitioners BASL President Kalinga N. Indatissa PC, its Deputy President Shavindra Fernando PC, Secretary Kaushalya Nawaratne, Treasurer Nalin Chandika De Silva and  Assistant Secretary Vishwa De Livera Tennekoon cited Defence Secretary Gen. S.H.S. Kottegoda (Retd), former Defence Secretary Hemasiri Fernando, IGP Pujith Jayasundera and the Members of the Cabinet as respondents.

President’s Counsel Sanjeeva Jayawardena appeared for the petitioners. Additional Solicitor Geeneral Farzana Jameel appeared for the Attorney General. Shamil Perera PC appeared for intervenient petitioner Archbishop Malcom Cardinal Ranjith. Petitioners are seeking a declaration that any person found interfering with or attempting to interfere with the anti-terrorism operations of the Police and the armed forces should be forthwith arrested and arraigned before the law or otherwise dealt with swiftly in terms of the law. 

They also seek a declaration that special and sustained investigations and other related pre-emptive actions should be taken by any and all of the respondents to identify, locate, confiscate and prevent all funding and sources of funding being made accessible to terrorism and terrorists. They are asking a declaration that special resources be allocated to enhancing the efficacy of the intelligence services of Sri Lanka and the training of personnel and also direct that co-operation in the form of intelligence sharing with other countries should be maximised.

They seek another declaration from the court that the Fundamental Rights of the Petitioners as well as all persons and the citizens of Sri Lanka, as well as those of the victims of the Easter Sunday bombings and their families guaranteed by Articles 12(1), 14(1)(b), 14(1)(e), 12(2), 10 and 14(1)(g) of the Constitution have been infringed by the respondents.

They states this Application was filed in the aftermath of the debilitating carnage that was perpetrated against the people of this country and indeed, the country per se, by the recent Easter Sunday bombings, launched by Jihadist terrorists, that effectively tore into the heart of this country and virtually cannibalised it with its virulence, intensity and with its incomprehensibly wanton, murderous intent, which resulted in irreversibly debilitating consequences to the innocent victims, hundreds of whom lost their lives and several hundreds more, who were maimed and crippled and their families who were rendered permanently destitute.